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. LBD10724-01-9A. 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.