Bill Text: NY S05844 | 2017-2018 | General Assembly | Amended

New York Senate Bill 5844 (Prior Session Legislation)

Bill Title: Relates to allowing off-premise licensees to conduct educational seminars.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2017-06-20 - SUBSTITUTED BY A7593A [S05844 Detail]

Download: New_York-2017-S05844-Amended.html

                STATE OF NEW YORK
        ________________________________________________________________________
                                         5844--A
                               2017-2018 Regular Sessions
                    IN SENATE
                                       May 2, 2017
                                       ___________
        Introduced  by  Sens. MURPHY, BONACIC -- read twice and ordered printed,
          and when printed to be committed to the Committee on Commerce, Econom-
          ic Development  and  Small  Business  --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee
        AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
          allowing off-premises licensees to conduct educational seminars
          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  63  of  the  alcoholic  beverage
     2  control  law,  as amended by chapter 297 of the laws of 2016, is amended
     3  to read as follows:
     4    4. No licensee under this section shall be engaged in any other  busi-
     5  ness  on  the  licensed premises. The sale of lottery tickets, when duly
     6  authorized and lawfully conducted, the sale of corkscrews or the sale of
     7  ice or the sale of  publications,  including  prerecorded  video  and/or
     8  audio  cassette tapes, or educational seminars, designed to help educate
     9  consumers  in  their  knowledge  and  appreciation  of  [wine  and  wine
    10  products] alcoholic beverages, as defined in section three of this chap-
    11  ter  and allowed pursuant to their license, or the sale of non-carbonat-
    12  ed, non-flavored mineral waters, spring waters and  drinking  waters  or
    13  the sale of glasses designed for the consumption of wine, racks designed
    14  for  the  storage of wine, and devices designed to minimize oxidation in
    15  bottles of wine which have been uncorked, or the sale of gift bags, gift
    16  boxes, or wrapping, for alcoholic beverages purchased  at  the  licensed
    17  premises  shall  not  constitute engaging in another business within the
    18  meaning of this subdivision. Any fee obtained from the sale of an educa-
    19  tional seminar shall not be considered as a fee for any tasting that may
    20  be offered during an educational seminar, provided  that  such  tastings
    21  are available to persons who have not paid to attend the seminar and all
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09912-05-7

        S. 5844--A                          2
     1  tastings  are conducted in accordance with section sixty-three-a of this
     2  article.
     3    §  2.  Subdivision  4  of section 63 of the alcoholic beverage control
     4  law, as amended by chapter 603 of the laws of 1992, is amended  to  read
     5  as follows:
     6    4.  No licensee under this section shall be engaged in any other busi-
     7  ness on the licensed premises. The sale of lottery  tickets,  when  duly
     8  authorized and lawfully conducted, the sale of corkscrews or the sale of
     9  ice  or  the  sale  of  publications, including prerecorded video and/or
    10  audio cassette tapes, or educational seminars, designed to help  educate
    11  consumers  in  their  knowledge  and  appreciation  of  [wine  and  wine
    12  products] alcoholic beverages, as defined in section three of this chap-
    13  ter and allowed pursuant to their license, or the sale of  non-carbonat-
    14  ed,  non-flavored  mineral  waters, spring waters and drinking waters or
    15  the sale of glasses designed for the consumption of wine, racks designed
    16  for the storage of wine, and devices designed to minimize  oxidation  in
    17  bottles  of wine which have been uncorked, shall not constitute engaging
    18  in another business within the meaning  of  this  subdivision.  Any  fee
    19  obtained from the sale of an educational seminar shall not be considered
    20  as a fee for any tasting that may be offered during an educational semi-
    21  nar,  provided  that such tastings are available to persons who have not
    22  paid to attend the seminar and all tastings are conducted in  accordance
    23  with section sixty-three-a of this article.
    24    §  3.  This act shall take effect immediately; provided, however, that
    25  the amendments to subdivision 4 of section 63 of the alcoholic  beverage
    26  control  law  made  by  section  one of this act shall be subject to the
    27  expiration and reversion of such subdivision pursuant to chapter 297  of
    28  the  laws  of  2016,  as  amended, when upon such date the provisions of
    29  section two of this act shall take effect.