What's happening
This bill allows bed and breakfasts in New York to sell cider, liquor, beer, and wine to their guests and patrons.
Why it matters
Expands business opportunities for bed and breakfasts. by allowing them to sell a wider range of alcoholic beverages (cider, liquor, beer, wine) to both overnight guests and the general public, potentially increasing their revenue streams and competitiveness with other hospitality venues.
Removes previous restrictions. that allowed alcohol sales only to overnight guests at bed and breakfasts, enabling these establishments to serve patrons who are not staying overnight, thus integrating them more into the local food and beverage scene.
Aligns regulations for bed and breakfasts with those for restaurants and hotels. , simplifying compliance and permitting these small businesses to apply for the same types of alcohol licenses as larger establishments, which may incentivize tourism and local economic development.
Supports New York’s craft beverage industry. by explicitly permitting bed and breakfasts to sell state-labeled products (beer, cider, wine, liquor), which could help promote and showcase local producers to visitors and residents alike.
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Who cares
Headline styles
Let B&Bs Sell Alcohol
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to commerce, economic development and small business
- Referred to commerce, economic development and small business
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1905
2019-2020 Regular Sessions
IN SENATE
January 17, 2019
Introduced by Sen. FUNKE -- 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 allowing bed and breakfasts to sell cider, liquor, beer and wine
The People of the State of New York, represented in Senate and Assembly, 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, hotel, an establishment designated and commonly known and operated as a bed and breakfast, 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 relative 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, hotel, an establishment designated and commonly known and operated as a bed and breakfast, 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01444-02-9
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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 licensee. 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, hotel, an establishment designated and commonly known and operated as a bed and breakfast, 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, cider manufactured by the licensee and any New York state labeled cider. All of the provisions of this chapter relative to licensees 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, hotel, an establishment designated and commonly known and operated as a bed and breakfast, 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, 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 establishment designated and commonly known and operated as a "bed and breakfast" 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, hotel, an establishment designated and commonly known as a bed and breakfast, 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 the premises shall
S. 1905 3
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 premises 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, hotel, an establishment designated and commonly known and operated as a bed and breakfast, 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, 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; provided, however, that if chapter 522 of the laws of 2018 shall not have taken effect on or before such date, sections two, six and seven of this act shall take effect on the same date as such chapter takes effect.
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 allowing bed and breakfasts to sell cider, liquor, beer and wine
Purpose
Relates to allowing bed and breakfasts to sell cider, liquor, beer and wine
Summary of specific provisions
Section one: amends subdivision 4 of section 51 of the alcoholic bever- age control law
Section two: amends paragraph (g) of subdivision 2 of section 51-a of the alcoholic beverage control law
Section three: amends subparagraph (ii) of paragraph (f) of subdivision 2 of section 58-c of the alcoholic beverage control law
Section four: amends subparagraph (ii) of paragraph (e) of subdivision 2-c of section 61 of the alcoholic beverage control law
Section five.: amends subdivision 5-a of section 64 of the. alcoholic beverage control law
Section six: amends subdivision 4-a of section 76 of the alcoholic beverage control law
Section seven: amends paragraph (f) of subdivision 2 of section 76-a of the alcoholic beverage control law
Section eight: sets forth the effective date
Justification
This bill would put Bed and Breakfasts on par with the full liquor license that hotel and motels can currently apply for. This bill will enhance the tourism industry by allowing B&B's to sell beer, wine, liquor and cider. The bill allows for a licensed brewery, farm brewery, farm cidery, distillery, farm winery or winery to operate a B&B. It also removes the requirement that a patron must be an overnight guest in order for a B&B to sell them an alcoholic beverage. In many regions of the state, tourists will choose to stay at a bed and breakfast instead of a hotel/motel for many reasons, this bill would allow them to have the same choices for alcoholic beverages as they would have had they stayed somewhere else. This will not only support the B&B economy, but also many New York State breweries, cideries, distilleries and wineries who would provide their products for sale.
Prior legislative history
New Bill
Fiscal implications
None
Effective date
This act shall take effect immediately
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