Bill Text: NY A10550 | 2019-2020 | General Assembly | Introduced
Bill Title: Permits licensees under the alcoholic beverage control law to sell and deliver alcoholic beverages for off-premises consumption; and provides for the repeal of such provisions upon the expiration thereof.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2020-05-28 - referred to economic development [A10550 Detail]
Download: New_York-2019-A10550-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 10550 IN ASSEMBLY May 29, 2020 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Fahy) -- read once and referred to the Committee on Economic Development AN ACT in relation to permitting licensees under the alcoholic beverage control law to sell and deliver alcoholic beverages for off-premises consumption; and providing for the repeal of such provisions upon the expiration thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. a. Notwithstanding any other provision of law to the 2 contrary, any on-premises licensee and any manufacturing licensee with 3 on-premises retail privileges that is licensed pursuant to the alcoholic 4 beverage control law may sell for off-premises consumption any alcoholic 5 beverages that it is licensed to sell for on-premises consumption. 6 b. Alcoholic beverages sold for off-premises consumption pursuant to 7 this section: 8 (i) may be sold in any closed or any sealed container of any size, 9 provided that the sale of each container shall be accompanied by the 10 purchase of food, and provided further that sales of such alcoholic 11 beverages shall comply with any applicable municipal ordinances relating 12 to open containers; 13 (ii) may be sold for takeout from the licensed premises, or may be 14 delivered to the residence of a customer over the age of twenty-one, 15 provided that deliveries shall be made in a vehicle permitted by the 16 liquor authority or in a vehicle owned and operated or hired and oper- 17 ated by the licensee or its employee, and provided further that a copy 18 of the permit or license must be present in such vehicle while making 19 deliveries; and 20 (iii) may only be sold for off-premises consumption during the 21 on-premises hours of operation of the county in which the premises is 22 located or, if different, the hours of operation set forth in the 23 licensee's method of operation with the liquor authority. 24 c. The provisions of this section shall not be construed to modify or 25 limit any off-premises privileges afforded by a licensee's current 26 license. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD16410-03-0A. 10550 2 1 d. The liquor authority shall conduct regular outreach to munici- 2 palities and community boards to solicit comment regarding the implemen- 3 tation of this act and the effects of this act on local communities. Not 4 later than six months after the effective date of this act, the liquor 5 authority shall report to the governor and the legislature on the imple- 6 mentation of this act, including a summary of comments the authority has 7 received from municipalities and community boards. 8 e. Not sooner than four months and not later than two months before 9 this act shall expire and be deemed repealed, the liquor authority shall 10 conduct at least three public hearings to solicit public comment on the 11 implementation of this act and the effects of this act on local communi- 12 ties, one of which shall take place in the City of New York, one of 13 which shall take place in Western New York, and one of which shall take 14 place in the Capital Region. 15 f. Notwithstanding any inconsistent provision of law to the contrary, 16 the liquor authority may on its own initiative or on complaint of any 17 person institute proceedings to suspend or revoke a licensee's ability 18 to sell alcoholic beverages for off-premises consumption pursuant to 19 this act after a hearing at which the licensee shall be given an oppor- 20 tunity to be heard. Such proceedings and such hearing shall be held in 21 such manner and upon such notice as may be prescribed by the rules of 22 the liquor authority, provided that: 23 (i) the liquor authority shall give written notice to the licensee and 24 the municipality or community board at least fifteen days in advance of 25 such hearing; and 26 (ii) a municipality or community board may express an opinion for or 27 against allowing such licensee to continue to sell alcoholic beverages 28 for off-premises consumption pursuant to this act. Any such opinion 29 shall be deemed part of the record upon which the liquor authority makes 30 its determination pursuant to this subdivision. 31 g. The liquor authority may promulgate rules and regulations to imple- 32 ment the provisions of this act. 33 § 2. This act shall take effect immediately, and shall expire and be 34 deemed repealed two years after the expiration of the state disaster 35 emergency, as such term is defined in section 20 of the executive law, 36 declared pursuant to executive order 202 of 2020, as amended.
