Bill Text: NY S05357 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to allowing bed and breakfasts to sell cider, liquor, beer and wine on the licensed premises.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2024-04-03 - referred to economic development [S05357 Detail]

Download: New_York-2023-S05357-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5357

                               2023-2024 Regular Sessions

                    IN SENATE

                                      March 2, 2023
                                       ___________

        Introduced  by  Sen.  WEBB  --  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
          allowing bed and breakfasts to sell cider, liquor, beer and wine

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision  4  of  section  51 of the alcoholic beverage
     2  control law, as amended by chapter 431 of the laws of 2014,  is  amended
     3  to read as follows:
     4    4. A licensed brewery may operate a restaurant, a hotel, an establish-
     5  ment  designated and commonly known and operated as a bed and breakfast,
     6  a catering establishment, or other food and drinking establishment in or
     7  adjacent to the licensed premises and sell at such place, at retail  for
     8  consumption  on  the premises, beer manufactured by the licensee and any
     9  New York state labeled beer. All of the provisions of this chapter rela-
    10  tive to licenses to sell beer at retail for consumption on the  premises
    11  shall  apply so far as applicable to such licensee.  Notwithstanding any
    12  other provision of law, the licensed brewer  may  apply  to  the  liquor
    13  authority  for  a  license  to  sell  beer, wine or liquor at retail for
    14  consumption on the premises at such establishment. All of the provisions
    15  of this chapter relative to licenses to sell beer,  wine  or  liquor  at
    16  retail  for consumption on the premises shall apply so far as applicable
    17  to such application.
    18    § 2.  Paragraph (g) of subdivision 2 of section 51-a of the  alcoholic
    19  beverage  control law, as amended by chapter 522 of the laws of 2018, is
    20  amended to read as follows:
    21    (g) operate a restaurant, a hotel,  an  establishment  designated  and
    22  commonly  known  and  operated as a bed and breakfast, a catering estab-
    23  lishment, or other food and drinking establishment in or adjacent to the
    24  licensed premises and sell at such place, at retail for  consumption  on

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07006-01-3
        S. 5357                             2

     1  the  premises, beer, cider, and braggot manufactured by the licensee and
     2  any New York state labeled beer, New York state labeled braggot  or  New
     3  York state labeled cider. All of the provisions of this chapter relative
     4  to  licenses  to sell beer, cider, and braggot at retail for consumption
     5  on and off the premises shall apply so far as applicable to such  licen-
     6  see.    Notwithstanding  any  other  provision of law, the licensed farm
     7  brewery may apply to the authority for a license under this  chapter  to
     8  sell other alcoholic beverages at retail for consumption on the premises
     9  at such establishment;
    10    §  3.  Subparagraph  (ii) of paragraph (f) of subdivision 2 of section
    11  58-c of the alcoholic beverage control law, as amended by chapter 431 of
    12  the laws of 2014, is amended to read as follows:
    13    (ii) operate a restaurant, a hotel, an  establishment  designated  and
    14  commonly  known  and  operated as a bed and breakfast, a catering estab-
    15  lishment, or other food and drinking establishment in or adjacent to the
    16  licensed premises and sell at such place, at retail for  consumption  on
    17  the  premises, cider manufactured by the licensee and any New York state
    18  labeled cider. All of the provisions of this chapter relative to  licen-
    19  sees  to  selling cider at retail shall apply. Notwithstanding any other
    20  provision of law, the licensed farm cidery may apply  to  the  authority
    21  for  a  license  under this chapter to sell other alcoholic beverages at
    22  retail for consumption on the premises at such establishment;
    23    § 4. Subparagraph (ii) of paragraph (e) of subdivision 2-c of  section
    24  61  of  the alcoholic beverage control law, as amended by chapter 431 of
    25  the laws of 2014, is amended to read as follows:
    26    (ii) operate a restaurant, a hotel, an  establishment  designated  and
    27  commonly  known  and  operated as a bed and breakfast, a catering estab-
    28  lishment, or other food and drinking establishment in or adjacent to the
    29  licensed premises and sell at such place, at retail for  consumption  on
    30  the premises, liquor manufactured by the licensee and any New York state
    31  labeled  liquor.  All  of  the  provisions  of  this chapter relative to
    32  licenses to sell liquor at retail for consumption on the premises  shall
    33  apply  so  far as applicable to such licensee. Notwithstanding any other
    34  provision of law, the licensee may apply to the authority for a  license
    35  under  this  chapter  to  sell  other  alcoholic beverages at retail for
    36  consumption on the premises at such establishment.
    37    § 5. Subdivision 5-a of section 64 of the alcoholic  beverage  control
    38  law,  as added by chapter 480 of the laws of 2003, is amended to read as
    39  follows:
    40    5-a. Notwithstanding  the  provisions  of  subdivision  five  of  this
    41  section,  a liquor license may be issued under this section to an estab-
    42  lishment designated and commonly known and operated as a "bed and break-
    43  fast" regardless of whether or not a  restaurant  is  operated  in  such
    44  establishment[, provided that such license shall only permit the sale of
    45  alcoholic beverages to overnight guests of such establishment].
    46    §  6.  Subdivision 4-a of section 76 of the alcoholic beverage control
    47  law, as amended by chapter 522 of the laws of 2018, is amended  to  read
    48  as follows:
    49    4-a.  A  licensed  winery may operate a restaurant, a hotel, an estab-
    50  lishment designated and commonly known and operated as a bed and  break-
    51  fast, a catering establishment, or other food and drinking establishment
    52  in  or  adjacent  to  the  licensed  premises and sell at such place, at
    53  retail for consumption on the premises, wine,  mead  and  wine  products
    54  manufactured  by  the licensee and any New York state labeled wine, mead
    55  or New York state labeled wine product. All of the  provisions  of  this
    56  chapter  relative  to licenses to sell wine at retail for consumption on
        S. 5357                             3

     1  the premises  shall  apply  so  far  as  applicable  to  such  licensee.
     2  Notwithstanding  any  other  provision  of  law, the licensed winery may
     3  apply to the authority for a license under article four of this  chapter
     4  to sell other alcoholic beverages at retail for consumption on the prem-
     5  ises at such establishment.
     6    §  7.  Paragraph (f) of subdivision 2 of section 76-a of the alcoholic
     7  beverage control law, as amended by chapter 522 of the laws of 2018,  is
     8  amended to read as follows:
     9    (f)  operate  a  restaurant,  a hotel, an establishment designated and
    10  commonly known and operated as a bed and breakfast,  a  catering  estab-
    11  lishment, or other food and drinking establishment in or adjacent to the
    12  licensed  premises  and sell at such place, at retail for consumption on
    13  the premises, wine, cider, and mead manufactured by the licensee and any
    14  New York state labeled wine, New York  state  labeled  cider,  New  York
    15  state  labeled  mead  or New York state labeled wine product. All of the
    16  provisions of this chapter relative to licenses to sell wine  at  retail
    17  for consumption on the premises shall apply so far as applicable to such
    18  licensee.  Notwithstanding any other provision of law, the licensed farm
    19  winery  may  apply  to the authority for a license under this chapter to
    20  sell other alcoholic beverages at retail for consumption on the premises
    21  at such establishment.
    22    § 8. This act shall take effect immediately.