Bill Text: NY S04661 | 2019-2020 | General Assembly | Introduced
Bill Title: Requires certain licenses to brew or sell beer to include the certificate of authority number.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2020-12-23 - APPROVAL MEMO.64 [S04661 Detail]
Download: New_York-2019-S04661-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4661 2019-2020 Regular Sessions IN SENATE March 20, 2019 ___________ Introduced by Sen. KAMINSKY -- read twice and ordered printed, and when printed to be committed to the Committee on Commerce, Economic Devel- opment and Small Business 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. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10724-01-9S. 4661 2 1 Such a license shall contain a description of the licensed premises and 2 in form and in substance shall be a license to the person therein 3 specifically designated to sell beer at wholesale in the premises there- 4 in specifically licensed to duly licensed wholesalers, retailers and 5 permittees in this state, and to sell or deliver beer to persons outside 6 the state pursuant to the laws of the place of such sale or delivery. 7 Such a license shall also contain the certificate of authority number. A 8 wholesaler's license issued or renewed prior to July first, nineteen 9 hundred sixty, and thereafter renewed or transferred, shall authorize 10 the holder thereof to sell beer at retail to a person for consumption in 11 his home; provided, however, that regardless of the date issued, renewed 12 or transferred, a wholesaler's license issued to a brewer or to the 13 wholly-owned subsidiary of a brewer, shall authorize the holder thereof 14 to sell beer at retail to a person for consumption in his home. 15 § 3. Section 53-a 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-a. Vendor's license. In cities having a population of one 18 million or more, any individual person may apply for a license to sell 19 beer as a vendor. Such application shall be in writing, and verified, 20 and shall contain such information as the liquor authority shall 21 require. Such application shall be accompanied by a check or draft for 22 the amount required by this article for such license. If the liquor 23 authority shall grant the application it shall issue a license in such 24 form as shall be determined by its rules. Such a license shall contain a 25 description of the licensed premises and in form and in substance shall 26 be a license to the person therein specifically designated to sell beer 27 as a vendor in cities having a population of one million or more only, 28 from the premises therein specifically licensed. Such a license shall 29 also contain the certificate of authority number. A vendor's license 30 shall authorize the holder thereof to sell beer at retail to be deliv- 31 ered by such vendor to a person for consumption in his home and shall 32 authorize the holder thereof to operate one vehicle for the delivery of 33 beer, but shall not authorize the sale to any person or licensee for 34 resale. 35 § 4. Subdivision 5 of section 54 of the alcoholic beverage control law 36 is amended to read as follows: 37 5. Such license shall contain a description of the licensed premises 38 and in form and in substance shall be a license to the person specif- 39 ically designated therein to sell beer at retail in the premises specif- 40 ically licensed, not to be consumed upon said premises. Such a license 41 shall also contain the certificate of authority number. 42 § 5. Subdivision 3 of section 54-a of the alcoholic beverage control 43 law, as added by chapter 235 of the laws of 1987, is amended to read as 44 follows: 45 3. Such license shall contain a description of the licensed premises 46 and in form and in substance shall be a license to the person specif- 47 ically designated therein to sell beer and wine products at retail in 48 the premises specifically licensed, not to be consumed upon said prem- 49 ises. Such a license shall also contain the certificate of authority 50 number. 51 § 6. Subdivision 2 of section 55 of the alcoholic beverage control law 52 is amended to read as follows: 53 2. Such a license shall contain a description of the licensed premises 54 and in form and in substance shall be a license to the person therein 55 specifically designated to sell beer in the premises therein specif- 56 ically licensed, at retail, to be consumed upon such premises. SuchS. 4661 3 1 license shall also include the privilege of selling beer at retail to be 2 consumed off the premises. Such a license shall also contain the certif- 3 icate of authority number. 4 § 7. This act shall take effect immediately.