STATE OF NEW YORK ________________________________________________________________________
3806
2021-2022 Regular Sessions
IN ASSEMBLY
January 28, 2021 ___________
Introduced by M. of A. CYMBROWITZ, SEAWRIGHT -- read once and referred to the Committee on Economic Development
AN ACT to amend the alcoholic beverage control law, in relation to authorizing retail licensees for on-premises consumption to sell and/or deliver alcoholic beverages for consumption off the premises
The People of the State of New York, represented in Senate and Assem- bly, do enact as follows:
1 Section 1. Subdivision 3 of section 106 of the alcoholic beverage 2 control law, as amended by chapter 297 of the laws of 2016, is amended 3 and a new subdivision 3-a is added to read as follows: 4 3. [No] Except as provided in subdivision three-a of this section, no 5 retail licensee for on-premises consumption shall sell, deliver or give 6 away, or cause or permit or procure to be sold, delivered or given away 7 any liquors and/or wines for consumption off the premises where sold. 8 The provisions of this subdivision shall not prohibit a licensed winery 9 or farm winery from allowing a patron to leave the winery or farm winery 10 with a partially consumed bottle of wine provided that the removal of 11 the bottle is done in accordance with subdivision four of section eight- 12 y-one of this chapter. 13 3-a. (a) Notwithstanding any other provision of law to the contrary, a 14 retail licensee for on-premises consumption, upon approval by the 15 authority, may sell and/or deliver certain alcoholic beverages contain- 16 ing wine, mead, or liquor for consumption off the premises where sold. 17 Such licensee may only sell and/or deliver for consumption off the prem- 18 ises alcoholic beverages containing wine, mead, or liquor for which such 19 licensee is licensed to sell for consumption on the premises. 20 (b) A retail licensee for on-premises consumption shall only permit 21 the sale or delivery of alcoholic beverages containing wine, mead, or 22 liquor: 23 (i) with the purchase of food;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05034-01-1
A. 3806 2
1 (ii) in any closed or sealed container not to exceed five fluid ounces 2 per container for wine or mead, thirty-two fluid ounces per container 3 for wine or mead mixed with non-alcoholic beverages, and ten fluid ounc- 4 es per container for liquor mixed with non-alcoholic beverages, provided 5 such sale or delivery is consistent with municipal open container ordi- 6 nances; and 7 (iii) during licensed hours of operation. 8 (c) Deliveries shall be made in: 9 (i) a vehicle permitted by the authority; or 10 (ii) a vehicle owned and operated by a retail licensee or its employee 11 provided the person making the delivery shall have upon his or her 12 person while so delivering a copy of the current license issued by the 13 authority. 14 (d) Nothing in this subdivision shall be construed to abrogate the 15 ability of a retail licensee for on-premises consumption to sell beer or 16 cider for consumption off the premises as provided for in this chapter. 17 ยง 2. This act shall take effect immediately.