Bill Text: NY A06989 | 2019-2020 | General Assembly | Introduced


Bill Title: Requires certain licenses to brew or sell beer to include the certificate of authority number.

Spectrum: Slight Partisan Bill (Democrat 11-4)

Status: (Passed) 2020-12-23 - APPROVAL MEMO.64 [A06989 Detail]

Download: New_York-2019-A06989-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          6989
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                      April 3, 2019
                                       ___________
        Introduced  by  M.  of  A.  JEAN-PIERRE -- read once and referred to the
          Committee on Economic Development
        AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
          requiring certain licenses to brew or sell beer to include the certif-
          icate of authority number
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 1 of  section  51  of  the  alcoholic  beverage
     2  control  law,  as amended by chapter 361 of the laws of 1994, is amended
     3  to read as follows:
     4    1. Any person may apply to the liquor authority for a license to  brew
     5  beer  within  this  state for sale. Such application shall be in writing
     6  and verified and shall contain such information as the liquor  authority
     7  shall require. Such application shall be accompanied by a check or draft
     8  for  the amount required by this article for such license. If the liquor
     9  authority shall grant the application, it shall issue a license in  such
    10  form  as  shall be determined by its rules. Such license shall contain a
    11  description of the licensed premises and in form and in substance  shall
    12  be  a license to the person therein specifically designated to brew beer
    13  in the premises therein specifically licensed. Such a license shall also
    14  contain the certificate of authority number.
    15    § 2. Section 53 of the alcoholic beverage control law, as  amended  by
    16  chapter 361 of the laws of 1994, is amended to read as follows:
    17    § 53. Wholesaler's  license.    Any  person  may  apply  to the liquor
    18  authority for a license to sell  beer  at  wholesale.  Such  application
    19  shall  be  in writing and verified and shall contain such information as
    20  the liquor authority shall require.  Such application shall be  accompa-
    21  nied  by  a  check  or draft for the amount required by this article for
    22  such license. If the liquor authority shall  grant  the  application  it
    23  shall  issue a license in such form as shall be determined by its rules.
    24  Such a license shall contain a description of the licensed premises  and
    25  in  form  and  in  substance  shall  be  a license to the person therein
    26  specifically designated to sell beer at wholesale in the premises there-
    27  in specifically licensed to duly  licensed  wholesalers,  retailers  and
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10724-01-9

        A. 6989                             2
     1  permittees in this state, and to sell or deliver beer to persons outside
     2  the  state  pursuant  to the laws of the place of such sale or delivery.
     3  Such a license shall also contain the certificate of authority number. A
     4  wholesaler's  license  issued  or  renewed prior to July first, nineteen
     5  hundred sixty, and thereafter renewed or  transferred,  shall  authorize
     6  the holder thereof to sell beer at retail to a person for consumption in
     7  his home; provided, however, that regardless of the date issued, renewed
     8  or  transferred,  a  wholesaler's  license  issued to a brewer or to the
     9  wholly-owned subsidiary of a brewer, shall authorize the holder  thereof
    10  to sell beer at retail to a person for consumption in his home.
    11    § 3. Section 53-a of the alcoholic beverage control law, as amended by
    12  chapter 361 of the laws of 1994, is amended to read as follows:
    13    § 53-a. Vendor's  license.    In  cities  having  a  population of one
    14  million or more, any individual person may apply for a license  to  sell
    15  beer  as  a  vendor. Such application shall be in writing, and verified,
    16  and shall  contain  such  information  as  the  liquor  authority  shall
    17  require.  Such  application shall be accompanied by a check or draft for
    18  the amount required by this article for  such  license.  If  the  liquor
    19  authority  shall  grant the application it shall issue a license in such
    20  form as shall be determined by its rules. Such a license shall contain a
    21  description of the licensed premises and in form and in substance  shall
    22  be  a license to the person therein specifically designated to sell beer
    23  as a vendor in cities having a population of one million or  more  only,
    24  from  the  premises  therein specifically licensed. Such a license shall
    25  also contain the certificate of authority  number.  A  vendor's  license
    26  shall  authorize  the holder thereof to sell beer at retail to be deliv-
    27  ered by such vendor to a person for consumption in his  home  and  shall
    28  authorize  the holder thereof to operate one vehicle for the delivery of
    29  beer, but shall not authorize the sale to any  person  or  licensee  for
    30  resale.
    31    § 4. Subdivision 5 of section 54 of the alcoholic beverage control law
    32  is amended to read as follows:
    33    5.  Such  license shall contain a description of the licensed premises
    34  and in form and in substance shall be a license to  the  person  specif-
    35  ically designated therein to sell beer at retail in the premises specif-
    36  ically  licensed,  not to be consumed upon said premises. Such a license
    37  shall also contain the certificate of authority number.
    38    § 5. Subdivision 3 of section 54-a of the alcoholic  beverage  control
    39  law,  as added by chapter 235 of the laws of 1987, is amended to read as
    40  follows:
    41    3. Such license shall contain a description of the  licensed  premises
    42  and  in  form  and in substance shall be a license to the person specif-
    43  ically designated therein to sell beer and wine products  at  retail  in
    44  the  premises  specifically licensed, not to be consumed upon said prem-
    45  ises. Such a license shall also contain  the  certificate  of  authority
    46  number.
    47    § 6. Subdivision 2 of section 55 of the alcoholic beverage control law
    48  is amended to read as follows:
    49    2. Such a license shall contain a description of the licensed premises
    50  and  in  form  and in substance shall be a license to the person therein
    51  specifically designated to sell beer in  the  premises  therein  specif-
    52  ically  licensed,  at  retail,  to be consumed upon such premises.  Such
    53  license shall also include the privilege of selling beer at retail to be
    54  consumed off the premises. Such a license shall also contain the certif-
    55  icate of authority number.
    56    § 7. This act shall take effect immediately.
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