NY State Senate Bill 2023-S7159

Senate Bill S7159

Signed By Governor

2023-2024 Legislative Session

Exempts certain parcels of land from licensing restrictions prohibiting manufacturers, wholesalers and retailers of alcoholic beverages from sharing an interest in a licensed premises

download bill text pdf

Current Bill Status - Signed by Governor

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 28, 2023	signed chap.275
Jul 21, 2023	delivered to governor
Jun 09, 2023	returned to senate passed assembly ordered to third reading rules cal.781 substituted for a7594
Jun 05, 2023	referred to ways and means delivered to assembly passed senate ordered to third reading cal.1591 committee discharged and committed to rules
May 30, 2023	print number 7159a
May 30, 2023	amend (t) and recommit to investigations and government operations
May 18, 2023	referred to investigations and government operations

Votes

- Jun 5, 2023 - Floor Vote
  S7159
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 5, 2023
      
      aye (61)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Walczyk
      
      Webb
      
      Weber
      
      Weik
      
      excused (2)
      
      Cooney
      
      Felder
  Jun 5, 2023 - Rules Committee Vote
  S7159
  
  21
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 5, 2023
      
      aye (21)
      
      Addabbo Jr.
      
      Bailey
      
      Breslin
      
      Comrie
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Griffo
      
      Helming
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mayer
      
      O'Mara
      
      Ortt
      
      Parker
      
      Sepúlveda
      
      Stec
      
      Stewart-Cousins
      
      Thomas

Bill Amendments

Original

A (Active)

2023-S7159 - Details

Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §§101 & 105, ABC L

2023-S7159 - Summary

Exempts certain parcels of land from licensing restrictions prohibiting manufacturers, wholesalers and retailers of alcoholic beverages from sharing an interest in a licensed premises and from selling at retail for consumption off the premises.

2023-S7159 - Sponsor Memo

                                 
BILL NUMBER: S7159

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

An act to amend the alcoholic beverage control law, in relation to
exempting certain parcel of land from licensing restrictions prohibiting
manufacturers, wholesalers and retailers of alcoholic beverages  from
sharing an interest in a licensed premises

 
PURPOSE OR GENERAL IDEA:

To add parcels of land to the list of premises which are exempt from the
provisions of law which generally restrict manufacturers, wholesalers
and retailers from sharing an interest in a liquor license.

 
SUMMARY OF PROVISIONS:

This legislation makes amendments to the Alcoholic Beverage Control Law
to address differences between United States Laws and laws of foreign
jurisdictions which result in unduly restricting foreign commerce while
at the same time not advancing the true purpose of New York legislation.

 
EXISTING LAW:

Alcoholic Beverage Control Law Section 101(1)(a) prohibits alcohol
manufacturers and wholesalers from having an interest in alcohol retail
places. ABC Law Section 105 (16) and (17) prohibit retail licensees for
off-premises consumption from having an interest in or engaging in
certain transactions with any premises where alcohol is manufactured or
sold at wholesale.

 
JUSTIFICATION:

Since the 1930s, when Prohibition was repealed, New York State law has
restricted owners of alcohol manufacturer's licenses, wholesale licenses
and retail licenses from having an interest in each other.  Known as the
"tied-house laws", efforts have been made to modernize the law by
addressing these types of archaic ownership issues. In the meantime,
this bill exempts specific locations from these provisions of law. Many
foreign countries, such as the United Kingdom and Singapore do not
distinguish between wholesalers and retailers the way New York does. In
these countries, businesses, which engage in auctions and sales of wine
and spirits, must have licenses which provide for both wholesale and
retail sales. The possession of a necessary license in one of these
countries by an entity which is owned in whole or in part by persons
with a New York retail license, could result in a violation of New York
law. The New York statutes in question were not designed to restrict
these types of activities.

The proposed statute allows New Yorkers to do business in accordance
with the laws of the foreign country and still sell alcoholic beverages
at retail and at auction in accordance with the laws of the State of New
York.

These provisions have been amended on occasion by exempting certain
properties to support local economic development goals. Exemptions, such
as the one provided by this bill, are narrowly tailored to prevent undue
market influence by identifying select parcels using metes and bounds
descriptions. A licensee can only make use of this kind of exemption if
each of its New York-based alcohol manufacturing, wholesale and retail
business parcels are exempted.

This bill's exemption will assist New Yorkers who wish to participate in
international markets in accordance with the laws of the foreign coun-
tries, while at the same time preserving those tied-house restriction
that apply within the state of New York. It does not allow any New York
retailer to hold a New York wholesale license.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This legislation will take effect immediately.

2023-S7159 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7159
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 18, 2023
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- 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
   exempting certain parcel of land from licensing restrictions prohibit-
   ing manufacturers, wholesalers and retailers  of  alcoholic  beverages
   from sharing an interest in a licensed premises
 
   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 101 of the  alco-
 holic  beverage  control  law  is  amended  by adding a new subparagraph
 (xvii) to read as follows:
   (XVII) ANY OR PARCEL OF LAND, SITUATE, LYING AND BEING IN THE  BOROUGH
 OF  MANHATTAN, CITY, COUNTY AND STATE OF NEW YORK, BOUNDED AND DESCRIBED
 AS FOLLOWS; BEGINNING AT A POINT ON THE SOUTHERLY SIDE  OF  72ND  STREET
 DISTANT  179 FEET EASTERLY FROM THE SOUTHERLY CORNER OF AMSTERDAM AVENUE
 AND 72ND STREET; RUNNING THENCE SOUTHERLY AND PARALLEL WITH THE EASTERLY
 SIDE OF AMSTERDAM AVENUE 102 FEET 2 INCHES TO THE  CENTER  LINE  OF  THE
 BLOCK;  THENCE  EASTERLY  AND  PARALLEL  WITH THE SOUTHERLY SIDE OF 72ND
 STREET 21 FEET; THENCE NORTHERLY AND PARALLEL WITH THE EASTERLY SIDE  OF
 AMSTERDAM  AVENUE AND PART OF THE DISTANCE THROUGH A PARTY WALL 102 FEET
 2 INCHES TO THE SOUTHERLY SIDE OF 72ND STREET;   THENCE  WESTERLY  ALONG
 THE  SOUTHERLY  SIDE  OF  72ND  STREET  21 FEET TO THE POINT OR PLACE OF
 BEGINNING.
   § 2. Section 105 of the alcoholic beverage control law is  amended  by
 adding a new subdivision 24 to read as follows:
   24. THE PROVISIONS OF SUBDIVISION SIXTEEN OR SEVENTEEN OF THIS SECTION
 SHALL  NOT  APPLY  TO  ANY  INTEREST  IN A WHOLESALE PREMISE OUTSIDE THE
 UNITED STATES, HELD BY ANY BUSINESS OR ENTITY LOCATED ON ANY  OR  PARCEL
 OF  LAND,  SITUATE,  LYING  AND BEING IN THE BOROUGH OF MANHATTAN, CITY,
 COUNTY AND STATE OF NEW YORK, BOUNDED AND DESCRIBED AS FOLLOWS:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11544-01-3

 S. 7159                             2
 
   BEGINNING AT A POINT ON THE SOUTHERLY SIDE OF 72ND STREET DISTANT  179
 FEET  EASTERLY  FROM  THE  SOUTHERLY CORNER OF AMSTERDAM AVENUE AND 72ND
 STREET; RUNNING THENCE SOUTHERLY AND PARALLEL WITH THE EASTERLY SIDE  OF
 AMSTERDAM  AVENUE  102  FEET  2  INCHES TO THE CENTER LINE OF THE BLOCK;
 THENCE  EASTERLY  AND PARALLEL WITH THE SOUTHERLY SIDE OF 72ND STREET 21
 FEET; THENCE NORTHERLY AND PARALLEL WITH THE EASTERLY SIDE OF  AMSTERDAM
 AVENUE  AND  PART OF THE DISTANCE THROUGH A PARTY WALL 102 FEET 2 INCHES
 TO THE SOUTHERLY SIDE OF 72ND STREET; THENCE WESTERLY ALONG THE SOUTHER-
 LY SIDE OF 72ND STREET 21 FEET TO THE POINT OR PLACE OF BEGINNING.
   § 3. This act shall take effect immediately.

2023-S7159A (ACTIVE) - Details

Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §§101 & 105, ABC L

2023-S7159A (ACTIVE) - Summary

2023-S7159A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7159A

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

An act to amend the alcoholic beverage control law, in relation to the
exemption of certain parcels of land from licensing restrictions prohib-
iting manufacturers, wholesalers and retailers of alcoholic beverages
from sharing an interest in a licensed premises or to sell at retail for
consumption off the premises

 
PURPOSE OR GENERAL IDEA:

To add parcels of land to the list of premises which are exempt from the
provisions of law which generally restrict manufacturers, wholesalers
and retailers from sharing an interest in a liquor license.

 
SUMMARY OF PROVISIONS:

This legislation makes amendments to the Alcoholic Beverage Control Law
to address differences between United States Laws and laws of foreign
jurisdictions which result in unduly restricting foreign commerce while

at the same time not advancing the true purpose of New York legislation.

 
EXISTING LAW:

Alcoholic Beverage Control Law Section 101(1)(a) prohibits alcohol
manufacturers and wholesalers from having an interest in alcohol retail
places. ABC Law Section 105 (16) and (17) prohibit retail licensees for
off-premises consumption from having an interest in or engaging in
certain transactions with any premises where alcohol is manufactured or
sold at wholesale.

 
JUSTIFICATION:

Since the 1930s, when Prohibition was repealed, New York State law has
restricted owners of alcohol manufacturer's licenses, wholesale licenses
and retail licenses from having an interest in each other.  Known as the
"tied-house laws", efforts have been made to modernize the law by
addressing these types of archaic ownership issues. In the meantime,
this bill exempts specific locations from these provisions of law. Many
foreign countries, such as the United Kingdom and Singapore do not
distinguish between wholesalers and retailers the way New York does. In
these countries, businesses, which engage in auctions and sales of wine
and spirits, must have licenses which provide for both wholesale and
retail sales. The possession of a necessary license in one of these
countries by an entity which is owned in whole or in part by persons
with a New York retail license, could result in a violation of New York
law. The New York statutes in question were not designed to restrict
these types of activities.

The proposed statute allows New Yorkers to do business in accordance
with the laws of the foreign country and still sell alcoholic beverages
at retail and at auction in accordance with the laws of the State of New
York.

These provisions have been amended on occasion by exempting certain
properties to support local economic development goals. Exemptions, such
as the one provided by this bill, are narrowly tailored to prevent undue
market influence by identifying select parcels using metes and bounds
descriptions. A licensee can only make use of this kind of exemption if
each of its New York-based alcohol manufacturing, wholesale and retail
business parcels are exempted.

This bill's exemption will assist New Yorkers who wish to participate in
international markets in accordance with the laws of the foreign coun-
tries, while at the same time preserving those tied-house restriction
that apply within the state of New York. It does not allow any New York
retailer to hold a New York wholesale license.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This legislation will take effect immediately.

2023-S7159A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7159--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 18, 2023
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- 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 to amend the alcoholic beverage control law, in relation  to  the
   exemption  of  certain  parcels  of  land  from licensing restrictions
   prohibiting manufacturers,  wholesalers  and  retailers  of  alcoholic
   beverages  from  sharing an interest in a licensed premises or to sell
   at retail 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. Paragraph (a) of subdivision 1 of section 101 of the alco-
 holic beverage control law is  amended  by  adding  a  new  subparagraph
 (xvii) to read as follows:
   (XVII)  ANY PARCEL OF LAND, SITUATE, LYING AND BEING IN THE BOROUGH OF
 MANHATTAN, CITY, COUNTY AND STATE OF NEW YORK, BOUNDED AND DESCRIBED  AS
 FOLLOWS:
   BEGINNING  AT A POINT ON THE SOUTHERLY SIDE OF 72ND STREET DISTANT 179
 FEET EASTERLY FROM THE SOUTHERLY CORNER OF  AMSTERDAM  AVENUE  AND  72ND
 STREET;  RUNNING THENCE SOUTHERLY AND PARALLEL WITH THE EASTERLY SIDE OF
 AMSTERDAM AVENUE 102 FEET 2 INCHES TO THE  CENTER  LINE  OF  THE  BLOCK;
 THENCE  EASTERLY  AND PARALLEL WITH THE SOUTHERLY SIDE OF 72ND STREET 21
 FEET; THENCE NORTHERLY AND PARALLEL WITH THE EASTERLY SIDE OF  AMSTERDAM
 AVENUE  AND  PART OF THE DISTANCE THROUGH A PARTY WALL 102 FEET 2 INCHES
 TO THE SOUTHERLY SIDE OF 72ND STREET; THENCE WESTERLY ALONG THE SOUTHER-
 LY SIDE OF 72ND STREET 21 FEET TO THE POINT OR PLACE OF BEGINNING.
   § 2. Section 105 of the alcoholic beverage control law is  amended  by
 adding a new subdivision 24 to read as follows:
   24.  THE  PROVISIONS  OF  SUBDIVISIONS  SIXTEEN  AND SEVENTEEN OF THIS
 SECTION SHALL NOT APPLY TO ANY INTEREST IN A WHOLESALE  PREMISE  OUTSIDE
 THE  UNITED STATES, HELD BY ANY BUSINESS OR ENTITY LOCATED ON ANY PARCEL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11544-02-3

 S. 7159--A                          2
 
 OF LAND, SITUATE, LYING AND BEING IN THE  BOROUGH  OF  MANHATTAN,  CITY,
 COUNTY AND STATE OF NEW YORK, BOUNDED AND DESCRIBED AS FOLLOWS:
   BEGINNING  AT A POINT ON THE SOUTHERLY SIDE OF 72ND STREET DISTANT 179
 FEET EASTERLY FROM THE SOUTHERLY CORNER OF  AMSTERDAM  AVENUE  AND  72ND
 STREET;  RUNNING THENCE SOUTHERLY AND PARALLEL WITH THE EASTERLY SIDE OF
 AMSTERDAM AVENUE 102 FEET 2 INCHES TO THE  CENTER  LINE  OF  THE  BLOCK;
 THENCE  EASTERLY  AND PARALLEL WITH THE SOUTHERLY SIDE OF 72ND STREET 21
 FEET; THENCE NORTHERLY AND PARALLEL WITH THE EASTERLY SIDE OF  AMSTERDAM
 AVENUE  AND  PART OF THE DISTANCE THROUGH A PARTY WALL 102 FEET 2 INCHES
 TO THE SOUTHERLY SIDE OF 72ND STREET; THENCE WESTERLY ALONG THE SOUTHER-
 LY SIDE OF 72ND STREET 21 FEET TO THE POINT OR PLACE OF BEGINNING.
   § 3. This act shall take effect immediately.

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