S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    368
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations
 
 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
 winery  or  licensed  farm  winery or prohibit such wine wholesaler from
 exercising any of its rights pursuant to sections seventy-six and seven-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01438-01-5
 S. 368                              2
 
 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];
   (VIII) gift bags, gift boxes, associated gift or promotional items, or
 wrapping, for alcoholic beverages purchased  at  the  licensed  premises
 S. 368                              3
 
 [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.