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S4343Senate2017-2018 SessionSame asA7898

Allow Seven-Day Liquor Sales

Official title

“Relates to seven day licenses to sell wine or liquor”

Sponsor Patrick M. GallivanSD-59+2 co-sponsorsAffects Economy
Status
In Senate Committee
Commerce, Economic Development And Small Business
Impact
5/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Commerce, Economic Development And Small Business

What's happening

This bill allows certain license holders to sell wine and liquor at wholesale to on-premises licensees, with required federal and state permits.

Why it matters

  1. Expands wholesale market access. By allowing certain retail license holders to sell wine and liquor at wholesale to bars and restaurants (on-premises licensees), the bill could increase competition and expand sourcing options for hospitality businesses.

  2. Requires enhanced regulatory compliance. Licensees must obtain a federal Alcohol and Tobacco Tax and Trade Bureau (TTB) wholesale permit and register as a distributor with the state, adding new layers of oversight and compliance responsibilities for those who wish to participate.

  3. Potentially impacts pricing and supply chains. The new privileges could lead to changes in pricing structures, distribution relationships, and purchasing power, potentially benefiting smaller hospitality businesses that may have more options for sourcing products.

  4. Aligns with existing state and federal laws. The bill ensures that all new wholesale activities are subject to current state restrictions (such as Section 101-aa) and maintains safeguards by specifying exactly which licensees and transactions are affected, aiming to balance market flexibility with regulatory control.

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Who cares

Headline styles

Allow Seven-Day Liquor Sales

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Patrick M. Gallivan

Senator · Senate District 59

Chair, Crime Victims, Crime And Correction

History

  1. Referred to commerce, economic development and small business
  2. Committed to rules
  3. Advanced to third reading
  4. 2nd report cal.
  5. 1st report cal.812
  6. Referred to commerce, economic development and small business

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A7898Assembly

Allow Weeklong Liquor Sales

In Assembly Committee · Economic Development · Sponsor Anthony Brindisi

Impact 5 · Moderate0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

4343

2017-2018 Regular Sessions

IN SENATE

February 10, 2017

Introduced by Sen. GALLIVAN -- read twice and ordered printed, and when printed to be committed to the Committee on Commerce, Economic Development and Small Business

AN ACT to amend the alcoholic beverage control law, in relation to permitting sales to holders of licenses to sell for on-premises consumption

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section 79 of the alcoholic beverage control law is amended by adding a new subdivision 5 to read as follows:

5. Notwithstanding any other provisions of this chapter, any license under this section includes the privileges to sell wine to any person licensed under this chapter to sell wine at retail for consumption on the premises under section sixty-four, sixty-four-a, sixty-four-b, sixty-four-c, sixty-four-d, seventy-nine-b or eighty-one of this chapter. Any such sales shall be subject to section one hundred one-aa of this chapter. Prior to making any sales to on-premises licensees, a licensee under this chapter shall obtain a permit from the federal Alcohol and Tobacco Tax and Trade Bureau authorizing it to sell wine at wholesale and shall register as a distributor of alcoholic beverages with the state department of taxation and finance.

§ 2. Section 63 of the alcoholic beverage control law is amended by adding a new subdivision 7 to read as follows:

7. Notwithstanding any other provisions of this chapter, any license under this section includes the privileges to sell liquor and/or wine to any person licensed under this chapter to sell liquor and/or wine at retail for consumption on the premises under section sixty-four, sixtyfour-a, sixty-four-b, sixty-four-c, sixty-four-d, seventy-nine-b, or eighty-one of this chapter. Any such sales shall be subject to section one hundred one-aa of this chapter. Prior to making any sales to on-premises licensees, a licensee under this chapter shall obtain a

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD09885-01-7

S. 4343 2

permit from the federal Alcohol and Tobacco Tax and Trade Bureau authorizing it to sell wine and/or liquor at wholesale, and shall register as a distributor of alcoholic beverages with the state department of taxation and finance.

§ 3. Subdivisions 3-a and 3-b of section 102 of the alcoholic beverage control law, as amended by chapter 458 of the laws of 1993, are amended to read as follows:

3-a. No licensee or permittee shall purchase or agree to purchase any alcoholic beverages from any person within the state who is not duly licensed to sell such alcoholic beverage as the case may be, at the time of such agreement and sale nor give any order for any alcoholic beverage to any individual who is not the holder of a solicitor's permit, except as provided for in section sixty-three, seventy-nine, eighty-five or ninety-nine-g of this chapter.

3-b. No retail licensee shall purchase, agree to purchase or receive any alcoholic beverage except from a person duly licensed within the state by the liquor authority to sell such alcoholic beverage at the time of such agreement and sale to such retail licensee, except as provided for in section sixty-three, seventy-nine, eighty-five or ninety-nine-g of this chapter.

§ 4. This act shall take effect immediately.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the alcoholic beverage control law, in relation to permitting sales to holders of licenses to sell for on-premises consumption

Purpose

To allow liquor stores to sell wine and/or liquor to retail establishments for consumption on the premises.

Summary of provisions

Section one amends section 79 of the alcoholic beverage control law by adding a new subdivision 5 authorizing a holder of a seven day license to sell wine at retail for off-premise consumption to sell liquor and/or wine to a person licensed to sell liquor and/or wine at retail consumption on the premises. It also provides that any such sales shall be subject to the credit terms in section 101-aa of the alcoholic beverage control law and requires retail licensees seeking to make sales to on-premises licensees to obtain a federal alcohol wholesale permit and to register as a distributor of alcoholic beverages with the state Department of Taxation and Finance.

Section two amends section 63 of the alcoholic beverage control law by adding a new subdivision 7 authorizing a holder of a seven day license to sell liquor at retail for off-premise consumption to sell liquor and/or wine to a person licensed to sell liquor and/or wine at retail consumption on the premises. It also provides that any such sales shall be subject to the credit terms in section 101-aa of the alcoholic beverage control law and requires retail licensees seeking to make sales to on-premises licensees to obtain a federal alcohol wholesale permit and to register as a distributor of alcoholic beverages with the state Department of Taxation and Finance.

Section three amends subdivisions 3-a and 3-b of section 102 of the alcoholic beverage control law, as amended by chapter 458 of the laws of 1993, allowing a licensee to purchase alcoholic beverages from an individual who has a permit under section sixty-three and seventy-nine of this chapter.

Section four of this bill provides an immediate effective date.

Existing law

Liquor and wine stores cannot sell to on premise licensees.

Justification

This will reduce the prices for on premise retailers and their customers as well as improve service to on premise licensees. At the same time, this bill will enhance the liquor store business by providing them with a new customer base.

Legislative history

2015-16: S.97 Committed to the Committee on Commerce, Economic Development and Small Business. 2013-14: S.1440-A Committed to Rules

Fiscal implications

None.

Local fiscal implications

None.

Effective date

Immediate.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.