Bill Text: NY S00891 | 2021-2022 | General Assembly | Introduced

---

Bill Title: Relates to certificate of authority numbers for alcohol vendors.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-01-26 - SUBSTITUTED BY A956 [S00891 Detail]

Download: New_York-2021-S00891-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                           891

                               2021-2022 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 6, 2021
                                       ___________

        Introduced  by Sen. KAMINSKY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        AN ACT to amend the alcoholic beverage control law and the tax  law,  in
          relation to certificate of authority numbers

          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 a chapter of the laws of 2020 amending the
     3  alcoholic beverage control law relating to requiring certain licenses to
     4  brew or sell beer to include the certificate  of  authority  number,  as
     5  proposed in legislative bills numbers S. 4661 and A. 6989, is amended to
     6  read as follows:
     7    1.  Any person may apply to the liquor authority for a license to brew
     8  beer within this state for sale. Such application shall  be  in  writing
     9  and  verified and shall contain such information as the liquor authority
    10  shall require. Such application shall be accompanied by a check or draft
    11  for the amount required by this article for such license. If the  liquor
    12  authority  shall grant the application, it shall issue a license in such
    13  form as shall be determined by its rules. Such license shall  contain  a
    14  description  of the licensed premises and in form and in substance shall
    15  be a license to the person therein specifically designated to brew  beer
    16  in  the  premises  therein  specifically licensed. [Such a license shall
    17  also contain the certificate of authority number.]
    18    § 2. Section 53 of the alcoholic beverage control law, as amended by a
    19  chapter of the laws of 2020 amending the alcoholic beverage control  law
    20  relating  to  requiring certain licenses to brew or sell beer to include
    21  the certificate of authority number, as proposed  in  legislative  bills
    22  numbers S. 4661 and A. 6989, is amended to read as follows:
    23    § 53. Wholesaler's  license.    Any  person  may  apply  to the liquor
    24  authority for a license to sell  beer  at  wholesale.  Such  application

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07180-01-1
        S. 891                              2

     1  shall  be  in writing and verified and shall contain such information as
     2  the liquor authority shall require.  Such application shall be  accompa-
     3  nied  by  a  check  or draft for the amount required by this article for
     4  such  license.  If  the  liquor authority shall grant the application it
     5  shall issue a license in such form as shall be determined by its  rules.
     6  Such  a license shall contain a description of the licensed premises and
     7  in form and in substance shall  be  a  license  to  the  person  therein
     8  specifically designated to sell beer at wholesale in the premises there-
     9  in  specifically  licensed  to  duly licensed wholesalers, retailers and
    10  permittees in this state, and to sell or deliver beer to persons outside
    11  the state pursuant to the laws of the place of such  sale  or  delivery.
    12  [Such a license shall also contain the certificate of authority number.]
    13  A  wholesaler's  license issued or renewed prior to July first, nineteen
    14  hundred sixty, and thereafter renewed or  transferred,  shall  authorize
    15  the holder thereof to sell beer at retail to a person for consumption in
    16  his home; provided, however, that regardless of the date issued, renewed
    17  or  transferred,  a  wholesaler's  license  issued to a brewer or to the
    18  wholly-owned subsidiary of a brewer, shall authorize the holder  thereof
    19  to sell beer at retail to a person for consumption in his home.
    20    § 3. Section 53-a of the alcoholic beverage control law, as amended by
    21  a  chapter  of  the laws of 2020 amending the alcoholic beverage control
    22  law relating to requiring certain licenses  to  brew  or  sell  beer  to
    23  include  the certificate of authority number, as proposed in legislative
    24  bills numbers S. 4661 and A. 6989, is amended to read as follows:
    25    § 53-a. Vendor's license.   In  cities  having  a  population  of  one
    26  million  or  more, any individual person may apply for a license to sell
    27  beer as a vendor. Such application shall be in  writing,  and  verified,
    28  and  shall  contain  such  information  as  the  liquor  authority shall
    29  require. Such application shall be accompanied by a check or  draft  for
    30  the  amount  required  by  this  article for such license. If the liquor
    31  authority shall grant the application it shall issue a license  in  such
    32  form as shall be determined by its rules. Such a license shall contain a
    33  description  of the licensed premises and in form and in substance shall
    34  be a license to the person therein specifically designated to sell  beer
    35  as  a  vendor in cities having a population of one million or more only,
    36  from the premises therein specifically licensed. [Such a  license  shall
    37  also  contain  the  certificate of authority number.] A vendor's license
    38  shall authorize the holder thereof to sell beer at retail to  be  deliv-
    39  ered  by  such  vendor to a person for consumption in his home and shall
    40  authorize the holder thereof to operate one vehicle for the delivery  of
    41  beer,  but  shall  not  authorize the sale to any person or licensee for
    42  resale.
    43    § 4. Subdivision 5 of section 54 of  the  alcoholic  beverage  control
    44  law,  as amended by a chapter of the laws of 2020 amending the alcoholic
    45  beverage control law relating to requiring certain licenses to  brew  or
    46  sell beer to include the certificate of authority number, as proposed in
    47  legislative  bills  numbers  S.  4661 and A. 6989, is amended to read as
    48  follows:
    49    5. Such license shall contain a description of the  licensed  premises
    50  and  in  form  and in substance shall be a license to the person specif-
    51  ically designated therein to sell beer at retail in the premises specif-
    52  ically licensed, not to be consumed upon said premises. [Such a  license
    53  shall also contain the certificate of authority number.]
    54    §  5.  Subdivision 3 of section 54-a of the alcoholic beverage control
    55  law, as amended by a chapter of the laws of 2020 amending the  alcoholic
    56  beverage  control  law relating to requiring certain licenses to brew or
        S. 891                              3

     1  sell beer to include the certificate of authority number, as proposed in
     2  legislative bills numbers S. 4661 and A. 6989, is  amended  to  read  as
     3  follows:
     4    3.  Such  license shall contain a description of the licensed premises
     5  and in form and in substance shall be a license to  the  person  specif-
     6  ically  designated  therein  to sell beer and wine products at retail in
     7  the premises specifically licensed, not to be consumed upon  said  prem-
     8  ises.  [Such  a  license shall also contain the certificate of authority
     9  number.]
    10    § 6. Subdivision 2 of section 55 of  the  alcoholic  beverage  control
    11  law,  as amended by a chapter of the laws of 2020 amending the alcoholic
    12  beverage control law relating to requiring certain licenses to  brew  or
    13  sell beer to include the certificate of authority number, as proposed in
    14  legislative  bills  numbers  S.  4661 and A. 6989, is amended to read as
    15  follows:
    16    2. Such a license shall contain a description of the licensed premises
    17  and in form and in substance shall be a license to  the  person  therein
    18  specifically  designated  to  sell  beer in the premises therein specif-
    19  ically licensed, at retail, to be consumed upon  such  premises.    Such
    20  license shall also include the privilege of selling beer at retail to be
    21  consumed  off  the  premises.  [Such  a  license  shall also contain the
    22  certificate of authority number.]
    23    § 7. Subdivision (a) of section 1134 of the  tax  law  is  amended  by
    24  adding a new paragraph 6 to read as follows:
    25    (6)  By  January  first, two thousand twenty-two, the department shall
    26  create and maintain a publicly accessible, searchable database  contain-
    27  ing  the certificate of authority number and any corresponding identify-
    28  ing information for each vendor in the state.
    29    § 8. This act shall take effect on the  same  date  and  in  the  same
    30  manner  as a chapter of the laws of 2020 amending the alcoholic beverage
    31  control law relating to requiring certain licenses to brew or sell  beer
    32  to  include the certificate of authority number, as proposed in legisla-
    33  tive bills numbers S. 4661 and A. 6989, takes effect.