State of the State From Governor
For decades, complexity and lack of transparency in tavern, bar, and restaurant licensing has generated public confusion about dancing, often creating friction in communities. Under current rules, dancing is allowed in bars and taverns, after bureaucratic processes at the State Liquor Authority (SLA) and community board level but is not always allowed in restaurants. Because of this, some applicants— especially those who want to operate as a restaurant at some times and a bar or tavern at other times— self-identify as restaurants but operate as nightclubs. This erodes community trust, leads to higher complaint volumes, and requires the SLA to enforce against dancing. To improve trust and transparency and cut red tape, Governor Hochul will charge SLA with allowing dancing by default in taverns and bars and creating a new hybrid restaurant-tavern license. For bars and taverns, no processes or need for public hearings will change, and community boards will be able to maintain their role making further stipulations. There will be no change for restaurants, whose license types do not allow patron dancing. For applicants who want to operate as both a restaurant and bar or club at different times, the new hybrid license type will bring more transparency to the community, as the license will accurately reflect the character of the establishment. Qualifying license types will continue to require community disclosure and comment periods for dancing and performance dancing consistent with statutory obligations.
Our initial analysis is shown below in a letter to SLA dated February 6, 2026. In short, neither of the proposal for Part N and Part Q are acceptable. Part N normalizes using live music and patron dancing as being presumptively not in the public interes. Part Q is just gaslighting – it accomplished nothing and is window dressing to cover the indecision of the Governor’s Office and SLA.
Submissions and Hearing Dates:
| February 11 Local Government/General Government | January 28 at 5pm | February 6 at 12pm | February 11 at 5pm |
Date | Day | Time | Hearing |
February 12 | January 28 at 5pm | February 6 at 12pm | February 12 at 5pm |
Legislature Announces 2026 Joint Legislative Budget Hearing Schedule
Legislature Announces 2026 Joint Legislative Budget Hearing Schedule
Senate Finance Committee Chair Liz Krueger and Assembly Ways and Means Committee Chair J. Gary Pretlow today announced the joint legislative hearing schedule on the State Fiscal Year (SFY) 2026-27 Executive Budget Proposal.
These hearings, each of which focuses on a programmatic area of the Executive Budget Proposal, are intended to provide the appropriate legislative committees with public input. The hearings will be available for viewing on the Senate and Assembly websites. The Legislative Channel (on cable systems throughout the state) also will carry the proceedings.
In accordance with the schedule, the hearings will commence on January 27 and conclude on February 26. The respective state agency or department heads will begin testimony each day, followed by witnesses who have requested to testify on that area of the budget. Due to time constraints related to provisions of the New York State Constitution concerning the approval of the state budget by April 1, only a limited number of witnesses can be accommodated at any given hearing. The committees will endeavor to permit as many interested parties to testify as possible, ensuring that a wide range of views are presented, and will attempt to avoid redundant testimony where possible.
The agency and departmental portion of the hearings are provided for in Article 7, Section 3 of the Constitution and Article 2, Section 31 of the Legislative Law. The State Legislature is also soliciting public comment on the proposed budget pursuant to Article 2, Section 31-a of the Legislative Law.
FY 2027 NEW YORK STATE EXECUTIVE BUDGET
PUBLIC PROTECTION AND GENERAL GOVERNMENT
ARTICLE VII LEGISLATION
https://www.budget.ny.gov/pubs/archive/fy27/ex/artvii/ppgg-memo.pdf
The proposed bill is at :
https://nyassembly.gov/2026budget/2026_bills/executive/A10005.pdf
Proposed Legislation January 2026 Complete SLA
41 PART N 42 Section 1. Section 5 of chapter 396 of the laws of 2010 amending the 43 alcoholic beverage control law relating to liquidator’s permits and 44 temporary retail permits, as amended by section 1 of part Q of chapter 45 55 of the laws of 2025, is amended to read as follows: 46 § 5. This act shall take effect on the sixtieth day after it shall 47 have become a law, provided that paragraph (b) of subdivision 1 of 48 section 97-a of the alcoholic beverage control law as added by section 49 two of this act shall expire and be deemed repealed October 12, [2026] 50 2027.____ 51 § 2. This act shall take effect immediately. 52 PART O AB 1 Section 1. This act enacts into law components of legislation relating 2 to alcoholic beverage control licenses. Each component is wholly 3 contained within a Subpart identified as Subparts A through K. The 4 effective date for each particular provision contained within such Subpart is set forth in the last section of such Subpart. Any provision 6 in any section contained within a Subpart, including the effective date 7 of the Subpart, which makes a reference to a section “of this act”, when 8 used in connection with that particular component, shall be deemed to 9 mean and refer to the corresponding section of the Subpart in which it is found. Section three of this part sets forth the general effective 11 date of this act. 12 SUBPART A 13 Section 1. Subdivision 6 of section 97-a of the alcoholic beverage 14 control law, as added by chapter 396 of the laws of 2010, is amended to read as follows: 16 6. The holder of a temporary retail permit shall [purchase alcoholic 17 beverages only by payment in currency or check for such alcoholic bever.18 ages on or before the day such alcoholic beverages are delivered, 19 provided, however, that the holder of a temporary permit issued pursuant to this section who also holds one or more retail licenses and is oper.21 ating under such retail license or licenses in addition to the temporary 22 retail permit, and who is not delinquent under the provisions of section 23 one hundred one-aa of this chapter as to any retail license under which 24 he operates, may purchase alcoholic beverages on credit under the tempo. rary permit] be subject to sections one hundred one-aa and one hundred 26 one-aaa of this chapter. 27 § 2. This act shall take effect immediately. 28 SUBPART B 29 Section 1. Paragraph (c) of subdivision 5 of section 107-a of the alcoholic beverage control law, as added by chapter 354 of the laws of 31 2013, is amended to read as follows: 32 (c) No brand or trade name label, or any separate label on the front 33 or back of the container shall contain: 34 (i) any statement that is false or untrue in any particular manner; (ii) any statement that is disparaging of a competitor’s product; 36 (iii) any statement, design, device or representation that is likely 37 to mislead the consumer; [or] 38 (iv) any statement or claim of health benefits to be derived from 39 consumption by the consumer[.]; or (v) any statement, design, device, or representation that in the opin.41 ion________________________________________________________________________of the authority is intended to appeal to children and/or persons 42 under twenty-one years of age. 43 § 2. This act shall take effect immediately. 44 SUBPART C Section 1. Section 57-a of the alcoholic beverage control law, as 46 amended by chapter 523 of the laws of 2023, is amended to read as 47 follows: 48 § 57-a. Change in duration of licenses. The liquor authority is 49 authorized to change the periods during which the licenses authorized by sections fifty-one, fifty-one-a, fifty-three, fifty-three-a, fifty-four, AB 1 fifty-four-a, fifty-five and fifty-five-a of_________________article shall be _____________ this 2 effective and to establish the commencement dates, duration and expira.3 tion dates thereof, provided that no such license shall be effective for 4 a period in excess of three years. When any change or changes are made in the duration of any such license, the license fee shall be equal to 6 the annual license fee specified in this article multiplied by the 7 number of years for which such license is issued. The liquor authority 8 may make such rules as shall be appropriate to carry out the purpose of 9 this section. § 2. This act shall take effect immediately. 11 SUBPART D 12 Section 1. Paragraph (a) of subdivision 2 of section 101-b of the 13 alcoholic beverage control law, as amended by chapter 669 of the laws of 14 1989, is amended to read as follows: (a) to discriminate, directly or indirectly, in price, in discounts 16 for time of payment or in discounts on quantity of merchandise sold, 17 between one wholesaler and another wholesaler, or between one retailer 18 and another retailer purchasing liquor or wine bearing the same brand or 19 trade name and of like age and quality,__________________________________except that manufacturers and wholesalers may utilize “channel pricing” by filing different prices 21 and/or quantity discounts for on-premises retailers and off-premises 22 retailers; 23 § 2. Section 101-b of the alcoholic beverage control law is amended by 24 adding a new subdivision 1-a to read as follows: 1-a. “Channel pricing” is allowed for manufacturers and wholesalers 26 when________________________________________________________________________determining prices for sales of the same liquor and/or wine to 27 retailers________________________________________________________________________ in different channels. For purposes of this section, manufac.28 turers and wholesalers can utilize different prices for retail licensees 29 who hold: (a) an on-premises retail license issued pursuant to sections sixty.31 four, sixty-four-a, sixty-four-b, sixty-four-c, sixty-four-d, sixty.32 four-e, sixty-four-f or eighty-one of this chapter; or 33 (b)______________________________________________________________________an off-premises retail license issued pursuant to sections sixty.34 three or seventy-nine of this chapter. § 3. Subdivision 7-a of section 3 of the alcoholic beverage control 36 law is amended by adding a new paragraph (c) to read as follows: 37 (c) “Channel pricing” shall mean the sale of liquor or wine at differ.38 ent prices based solely upon whether the retail licensee holds: 39 (i) an on-premises retail license; or (ii) an off-premises retail license. If a manufacturer or wholesaler 41 employs________________________________________________________________________pricing, channel such pricing and quantity discounts shall be 42 made________________________________________________________________________equally available to all similarly situated on-premises and off.43 premises________________________________________________________________________retail licensees within the same calendar month. Retailers who 44 own multiple licensed premises must continue to ensure that all alcohol. ic beverage purchases are made individually by each retail licensed 46 premises except for retail-to-retail purchases made pursuant to subdivi.47 sion________________________________________________________________________two-b of section one hundred six of this chapter, or centralized 48 bookkeeping authorized purchases pursuant to subdivision twelve of 49 section one hundred six of this chapter. § 4. Paragraph (b) of subdivision 3 of paragraph 101-b of the alcohol.51 ic beverage control law, as amended by section 1 of part E of chapter 56 52 of the laws of 2006, is amended to read as follows: 53 (b) No brand of liquor or wine shall be sold to or purchased by a 54 retailer unless a schedule, as provided by this section, is transmitted AB 1 to and received by the liquor authority, and is then in effect. Such 2 schedule shall be transmitted to the authority in such form, manner, 3 medium and format as the authority may direct; shall be deemed duly 4 verified by the person submitting such schedule upon its transmission to the authority; and shall contain, with respect to each item, the exact 6 brand or trade name, capacity of package, nature of contents, age and 7 proof where stated on the label, the number of bottles contained in each 8 case, the bottle and case price to retailers, the net bottle and case 9 price paid by the seller, which prices, in each instance, shall be indi. vidual for each item and not in “combination” with any other item, the 11 discounts for quantity, if any, and the discounts for time of payment, 12 if any, except that mix and match quantity discounts may be price posted 13 to liquor and/or wine to retailers for multiple fanciful names, varie.14 tals, vintages, years, and/or ages of liquor and/or wine manufactured by the same manufacturer and featuring the same brand name on the front 16 label and are posted at the same front line case or bottle price, enabl.17 ing________________________________________________________________________retailers to choose from multiple cases or bottles of said multiple 18 fanciful names, varietals, vintages, years, and/or ages of liquor and/or 19 wine featuring the same brand name on the front label to add up to a combined quantity discount level so long as all such brand items are 21 price posted with the same quantity discount level available in that 22 given month. Such brand of liquor or wine shall not be sold to retailers 23 except at the price and discounts then in effect unless prior written 24 permission of the authority is granted for good cause shown and for reasons not inconsistent with the purpose of this chapter. Such schedule 26 shall be transmitted by each manufacturer selling such brand to retail.27 ers and by each wholesaler selling such brand to retailers. 28 § 5. This act shall take effect on the one hundred eightieth day after 29 it shall have become a law and shall apply to all price postings required to be filed on or after the effective date of this act. Effec.31 tive immediately, the addition, amendment and/or repeal of any rule or 32 regulation necessary for the implementation of this act on its effective 33 date are authorized to be made and completed on or before such effective 34 date. SUBPART E 36 Section 1. Subdivision 1 of section 102 of the alcoholic beverage 37 control law, as amended by chapter 242 of the laws of 1970, paragraphs 38 (a), (b) and (c) as amended and paragraph (d) as relettered by chapter 39 210 of the laws of 2005, is amended to read as follows: 1. (a) as provided in [section] sections thirty-five, fifty- Except ____________________________ 41 nine-b, sixty-eight, seventy-nine-c,___________________________ninety-four or ninety-six of this 42 chapter, no alcoholic beverages shall be shipped into the state unless 43 the same shall be consigned to a person duly licensed hereunder to traf.44 fic in alcoholic beverages. This prohibition shall apply to all ship. ments of alcoholic beverages into New York state and includes importa.46 tion or distribution for commercial purposes, for personal use, or 47 otherwise, and irrespective of whether such alcoholic beverages were 48 purchased within or without the state, provided, however, this prohibi.49 tion shall not apply to any shipment consigned to a New York resident who has personally purchased alcoholic beverages for [his] personal use 51 while outside the United States for a minimum period of forty-eight 52 consecutive hours and which [he] such person has shipped as consignor to 53 [himself] themself as Purchases outside the United ________ consignee. made 54 States persons other than the purchaser [himself] themself, regard- by ________ AB less whether made as [his] such person’s agent, or by [his] their_____ authorization or on [his] _____ behalf, are deemed not to have been their personally purchased within the meaning of this paragraph. Violations of this subdivision are punishable as a class E felony. (b) Except provided [section] sections thirty-five, as in ______________________ fifty-nine-b, sixty-eight, seventy-nine-c,___________________________ninety-four or ninety-six of this chapter, no common carrier or other person shall bring or carry into the state any alcoholic beverages, unless the same shall be consigned to a person duly licensed hereunder to traffic in alcoholic beverages, provided, however, that alcoholic beverages may be delivered by a trucking permittee from a steamship or railroad station or terminal to a New York resident who has personally purchased alcoholic beverages for [his] personal use while outside the United States for a minimum period of forty-eight consecutive hours, and which [he] such___________person has shipped as consignor to [himself] themself________ as consignee, and except as so stated, no trucking permittee shall accept for delivery, deliver or transport from a steamship or railroad station or terminal any shipment of alcoholic beverages consigned to a non-licensed person having [his] their home or business in New York state. Purchases of alcoholic bever.ages made outside the United States by persons other than the purchaser [himself] themself, regardless whether made as [his] their_____ agent, or by [his] their authorization or on [his] their_____ behalf, are deemed not to have been personally purchased within the meaning of this paragraph. (c) Paragraphs (a) and (b) of this subdivision shall apply to alcohol.ic beverages, either in the original package or otherwise, whether intended for commercial or personal use, as well as otherwise, and to foreign, interstate, as well as intrastate, shipments or carriage, irre.spective of whether such alcoholic beverages were purchased within or without the state. (d) Nothing in this chapter shall be deemed to exempt from taxation the sale or use of any alcoholic beverages subject to any tax imposed under or pursuant to the authority of the tax law or to grant any other exemption from the provisions of such law. § 2. Section 94 of the alcoholic beverage control law is amended by adding six new subdivisions 4, 5, 6, 7, 8 and 9 to read as follows: 4. No trucking permittee shall make deliveries of alcoholic beverages to a non-licensed person in New York state except as provided for in sections thirty-five, thirty-six, fifty-nine-b, fifty-nine-c, sixty-eight, sixty-nine, seventy-nine-c, seventy-nine-d or ninety-six of this chapter, or on behalf of a retail licensee licensed pursuant to this chapter. 5. No trucking permittee shall make deliveries of alcoholic beverages to a non-licensed person unless the driver and/or delivery staff shall have successfully completed alcohol training and awareness program (ATAP) training and hold a valid certificate issued by an approved ATAP school pursuant to subdivision twelve of section seventeen or subdivi.sion ten of section eighteen of this chapter. 6. Trucking permittees shall in connection with the acceptance of any order for a delivery of alcoholic beverages to a non-licensed person in New York: (a) require the non-licensed person to represent that they have attained the age of twenty-one years or more by providing a valid form of photographic identification authorized by section sixty-five-b of this chapter; and (b) require the non-licensed person to sign an electronic or paper form or other acknowledgement of receipt as approved by the authority; and (c) certify that the alcoholic beverages being purchased will not be resold or introduced back into the stream of commerce; and (d) refuse delivery when the proposed recipient appears to be under twenty-one years of age and/or refuses to present valid identification as required by subparagraph (a) of this paragraph. AB 7. Trucking permittees shall report twice annually to the authority in such manner and form as the authority may direct, the total amount of alcoholic beverages shipped to non-licensed persons in New York during the reporting period, the names and addresses of the non-licensed persons to whom the alcoholic beverages were shipped, the date of deliv.ery, the name and license number of the licensee on whose behalf the alcoholic beverages were delivered, and the quantity and value of each shipment. 8. The authority and the department of taxation and finance may promulgate rules and regulations necessary to effectuate the purposes of this section. 9. The authority may enforce the requirements of this section by administrative proceedings to suspend or revoke a trucking permit and the authority may accept payment of an administrative fine in lieu of suspension. In addition, the authority or the attorney general of the state of New York shall report violations of this section, where appro.priate, to the department of taxation and finance, to other state licensing authorities, and/or the United States department of treas.ury, tax and trade bureau, for administrative action to suspend or revoke the federal basic permit. § 3. Section 96 of the alcoholic beverage control law is amended by adding three new subdivisions 4, 5 and 6 to read as follows: 4. Any person holding a valid warehouse permit pursuant to this section may apply to the authority for an additional permit to operate as a fulfillment warehouse. The fulfillment warehouse permit holder may package and ship alcoholic beverages sold by licensed New York retailers and/or New York manufacturers and/or direct shipper licensees to non-li.censed persons within this state. The fee for a fulfillment warehouse permit shall be two thousand one hundred dollars for three years. (a) Fulfillment warehouses shall report twice annually to the New York State liquor authority in such manner and form as the authority may direct: (i) a current list of all licensed retailers, licensed manufacturers, licensed wholesalers, and direct shipper licensees on whose behalf the fulfillment warehouse ships or allows to be shipped alcoholic beverages to non-licensed persons in this state; and (ii) the total gallons of each type of alcoholic beverages shipped to non-licensed persons from the fulfillment warehouse during the reporting period, categorized in accordance with the state’s tax classification for alcoholic beverages; and (iii) the name, business address, and license number of each licensed retailer and direct shipper on whose behalf the fulfillment warehouse packages or ships or allows to be shipped alcoholic beverages to non-li.censed persons in this state, with each licensee’s name stated as it appears on the retailer’s or direct shipper’s license; and (iv) the names and addresses of the non-licensed persons to whom the alcoholic beverages were shipped, the date of delivery, the name and license number of the retailer or direct shipper licensee on whose AB behalf the alcoholic beverages were delivered, and the quantity and value of each shipment. (b) A fulfillment warehouse may ship alcoholic beverages to a non-li.censed person within this state only if the package containing the alco.holic beverages is conspicuously labeled with the words “CONTAINS ALCO.HOLIC BEVERAGES -SIGNATURE OF PERSON AGE 21 OR OLDER REQUIRED FOR DELIVERY -NOT FOR RESALE”, or with other language specifically approved by the New York State liquor authority, and clearly indicates on the shipping label the name and address of the fulfillment warehouse as well as the name and address of the non-licensed person within this state as the intended recipient; and the name and license number of the licensed retailer or direct shipper licensee that provided the alcoholic beverag.es to the fulfillment warehouse; and the shipment is authorized under this chapter. 5. The authority and the department of taxation and finance may promulgate rules and regulations to effectuate the purposes of this section. 6. The authority may enforce the requirements of this section, by administrative proceedings to suspend or revoke a warehouse permit or fulfillment warehouse permit and the authority may accept payment of an administrative fine in lieu of suspension. In addition, the authority or the attorney general of the state of New York shall report violations of this section, where appropriate, to the New York State department of taxation and finance, to other state licensing authorities, and/or the United States department of treasury, tax and trade bureau, for administrative action to suspend or revoke the federal basic permit. § 4. Paragraph (d) of subdivision 3 of section 35 of the alcoholic beverage control law, as added by chapter 226 of the laws of 2024, is amended to read as follows: (d) shall [maintain records] report twice annually to the New York State liquor authority in such manner and form as the authority may direct, showing the total amount of mead and/or braggot shipped into the state each calendar year; the names and addresses of the purchasers to whom the mead and/or braggot was shipped, the date purchased, the name of the common carrier used to deliver the mead and/or braggot, and the quantity and value of each shipment; § 5. Paragraph (d) of subdivision 3 of section 59-b of the alcoholic beverage control law, as added by chapter 226 of the laws of 2024, is amended to read as follows: (d) shall [maintain records] _____________________________________ report twice annually to the New York State liquor authority in such manner and form as the authority may direct, showing the total amount of cider shipped into the state each calendar year; the names and addresses of the purchasers to whom the cider was shipped, the date purchased, the name of the common carrier used to deliver the cider, and the quantity and value of each shipment; § 6. Paragraph (d) of subdivision 3 of section 68 of the alcoholic beverage control law, as added by chapter 226 of the laws of 2024, is amended to read as follows: (d) shall [maintain records] report twice annually to the New York State liquor authority in such manner and form as the authority may direct, showing the total amount of liquor shipped into the state each calendar year; the names and addresses of the purchasers to whom the liquor was shipped, the date purchased, the name of the common carrier used to deliver the liquor, and the quantity and value of each shipment; AB 1 § 7. Paragraph (d) of subdivision 3 of section 79-c of the alcoholic 2 beverage control law, as amended by chapter 226 of the laws of 2024, is 3 amended to read as follows: 4 (d) shall [maintain records] report twice annually to the New York State liquor authority in such manner and form as the authority may 6 direct, showing the total amount of wine shipped into the state each 7 calendar year; the names and addresses of the purchasers to whom the 8 wine was shipped, the date purchased, the name of the common carrier 9 used to deliver the wine, and the quantity and value of each shipment; § 8. This act shall take effect on the one hundred eightieth day after 11 it shall have become a law. 12 SUBPART F 13 Section 1. Section 5 of part CC of chapter 55 of the laws of 2024 14 amending the alcoholic beverage control law, relating to alcohol in certain motion picture theatres, is amended to read as follows: 16 § 5. This act shall take effect immediately [and shall expire and be 17 deemed repealed 3 years after such date]. 18 § 2. This act shall take effect immediately. 19 SUBPART G Section 1. Subdivision 9 of section 106 of the alcoholic beverage 21 control law is REPEALED. 22 § 2. This act shall take effect immediately. 23 SUBPART H 24 Section 1. Subdivision 6 of section 64-a of the alcoholic beverage control law, as amended by section 2 of part CC of chapter 55 of the 26 laws of 2024, is amended to read as follows: 27 6. No special on-premises license shall be granted except for premises 28 in which the principal business shall be (a) the sale of food or bever.29 ages at retail for consumption on the premises [or],_ (b) the operation of a legitimate theatre, including a motion picture theatre that is a 31 building or facility which is regularly used and kept open primarily for 32 the exhibition of motion pictures for at least five out of seven days a 33 week, or on a regular seasonal basis of no less than six contiguous 34 weeks, to the general public where all auditorium seating is permanently affixed to the floor and at least sixty-five percent of the motion 36 picture theatre’s annual gross revenues is the combined result of admis.37 sion revenue for the showing of motion pictures and the sale of food and 38 non-alcoholic beverages, (c) a bona-fide hotel, or such other lawful 39 adult entertainment or recreational facility as the liquor authority, giving due regard to the convenience of the public and the strict avoid.41 ance of sales prohibited by this chapter, shall by regulation classify 42 for eligibility. 43 § 2. This act shall take effect on the one hundred eightieth day 44 after it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the 46 implementation of this act on its effective date are authorized to be 47 made and completed on or before such effective date. 48 SUBPART I AB Section 1. Section 51 of the alcoholic beverage control law is amended by adding a new subdivision 5-b to read as follows: 5-b. (a) A brewer licensed pursuant to this section that qualifies for the micro-brewery fee pursuant to section fifty-six of this article may, at the licensed premises, sell at retail for consumption on or off the licensed premises: (i) beer manufactured by the licensee; (ii) New York state labeled beer, wine, cider, spirits and mead manu.factured by a person licensed to manufacture such product under this chapter. (b) A micro-brewery licensee may conduct tastings of alcoholic bever.ages and sell alcoholic beverages at retail for consumption on or off the licensed premises pursuant to this subdivision; provided, however, that for tastings and sales for on-premises consumption, the licensee shall regularly keep food available for sale or service to its retail customers for consumption on the premises. A licensee providing the following shall be deemed in compliance with this provision: (i) sand.wiches, soups or other such foods, whether fresh, processed, pre-cooked or frozen; and/or (ii) food items intended to complement the tasting of alcoholic beverages, which shall mean a diversified selection of food that is ordinarily consumed without the use of tableware and can be conveniently consumed while standing or walking, including but not limited to: cheeses, fruits, vegetables, chocolates, breads, mustards and crackers. (c) A micro-brewery licensee may sell beer manufactured by the licen.see or any other brewer licensed pursuant to this chapter at retail for consumption off the premises at the state fair, at recognized county fairs and at farmers markets operated on a not-for-profit basis, subject to such rules and regulations as the authority may prescribe. (d) A micro-brewery license shall authorize the holder thereof to manufacture, bottle and sell food condiments and products such as mustards, sauces, hop seasonings, beer nuts, and other hops and beer related foods in addition to beer and to store and sell gift items in a tax-paid room upon the licensed premises incidental to the sale of beer. Such gift items shall be limited to the categories authorized for a farm brewery pursuant to subdivision seven of section fifty-one-a of this chapter. (e) The holder of a license authorized by this subdivision may operate up to five branch offices located away from the licensed premises. Such locations shall be considered part of the licensed premises and all activities allowed at and limited to the micro-brewery may be conducted at the branch offices. Such branch offices shall not be located within, share a common entrance and exit with, or have any interior access to any other business, including premises licensed to sell alcoholic bever.ages at retail. Prior to commencing operation of any such branch office, the licensee shall notify the authority of the location of such branch office and the authority may issue a permit for the operation of same. § 2. Subdivision 1-a of section 61 of the alcoholic beverage control law, as amended by chapter 431 of the laws of 2014, is amended to read as follows: 1-a. (a) class A-1 distiller’s license shall authorize the holder ___ A thereof to operate a distillery which has a production capacity of no more than seventy-five thousand gallons per year for the manufacture of liquors by distillation or redistillation at the premises specifically designated in the license. Such a license shall also authorize the sale in bulk by such licensee from the licensed premises of the products AB manufactured under such license to any person holding a winery license, farm winery license, distiller’s class A license, a distiller’s class B license or a permittee engaged in the manufacture of products which are unfit for beverage use. It shall also authorize the sale from the licensed premises and from one other location in the state of New York of liquors manufactured by such licensee to a wholesale or retail liquor licensee or permittee in sealed containers of not more than one quart each. In addition, it shall authorize such licensee to sell from the licensed premises New York state labelled liquors to licensed farm wineries, farm breweries, farm distilleries and farm cideries in sealed containers of not more than one quart for retail sale for off-premises consumption. Such license shall also include the privilege to operate a rectifying plant under the same terms and conditions as the holder of a class B-1 distiller’s license without the payment of any additional fee. (b) A distiller licensed pursuant to this subdivision that qualifies for the micro-distillery fee pursuant to section sixty-six of this arti.cle may, at the licensed premises, sell at retail for consumption on or off the licensed premises: (i) liquor manufactured by the licensee; (ii) New York state labeled beer, wine, cider, spirits and mead manu.factured by a person licensed to manufacture such product under this chapter. (c) A micro-distillery licensee may conduct tastings of alcoholic beverages and sell alcoholic beverages at retail for consumption on or off the licensed premises pursuant to this subdivision; provided, howev.er, that for tastings and sales for on-premises consumption, the licen.see shall regularly keep food available for sale or service to its retail customers for consumption on the premises. A licensee providing the following shall be deemed in compliance with this provision: (i) sandwiches, soups or other such foods, whether fresh, processed, pre.cooked or frozen; and/or (ii) food items intended to complement the tasting of alcoholic beverages, which shall mean a diversified selection of food that is ordinarily consumed without the use of tableware and can be conveniently consumed while standing or walking, including but not limited to: cheeses, fruits, vegetables, chocolates, breads, mustards and crackers. (d) A micro-distillery licensee may sell liquor manufactured by the licensee or any other distiller licensed pursuant to this chapter at retail for consumption off the premises at the state fair, at recognized county fairs and at farmers markets operated on a not-for-profit basis, subject to such rules and regulations as the authority may prescribe. (e) A micro-distillery license shall authorize the holder thereof to manufacture, bottle and sell food condiments and products such as nuts, popcorn, mulling spices and other spirits related food in addition to other such food and crafts on and from the licensed premises. Such license shall authorize the holder thereof to store and sell gift items in a tax-paid room upon the licensed premises incidental to the sale of liquor. These gift items shall be limited to the following categories: (i) non-alcoholic beverages for consumption on or off premises, including but not limited to bottled water, juice and soda beverages; (ii) food items for the purpose of complementing liquor tastings, which shall mean a diversified selection of food that is ordinarily consumed without the use of tableware and can be conveniently consumed while standing or walking. Such food items shall include but not be limited to: cheeses, fruits, vegetables, chocolates, breads, mustards and crackers; AB (iii) food items, which shall include locally produced farm products and any food or food product not specifically prepared for immediate consumption upon the premises. Such food items may be combined into a package containing liquor related products; (iv) liquor supplies and accessories, which shall include any item utilized for the storage, serving or consumption of liquor or for deco.rative purposes. These supplies may be sold as single items or may be combined into a package containing liquor; (v) liquor-making equipment and supplies including, but not limited to, filters, bottling equipment, and books or other written material to assist spirits makers to produce and bottle liquor; and (vi) souvenir items, which shall include, but not be limited to artwork, crafts, clothing, agricultural products and any other articles which can be construed to propagate tourism within the region. (vii) Notwithstanding any provision of law to the contrary, another business or other businesses may operate on the licensed premises subject to such rules and regulations as the liquor authority may prescribe. Such rules and regulations shall determine which businesses will be compatible with the policy and purposes of this chapter and shall consider the effect of particular businesses on the community and area in the vicinity of the micro-distillery premises, provided however that a retailer business licensed under this chapter shall not be permitted to operate at a licensed manufacturing premises. (f) The holder of a license authorized by this subdivision may operate up to five branch offices located away from the licensed premises. Such locations shall be considered part of the licensed premises and all activities allowed at and limited to the micro-distillery may be conducted at the branch offices. Such branch offices shall not be located within, share a common entrance and exit with, or have any inte.rior access to any other business, including premises licensed to sell alcoholic beverages at retail. Prior to commencing operation of any such branch office, the licensee shall notify the authority of the location of such branch office and the authority may issue a permit for the oper.ation of same. § 3. Subdivision 2-b of section 61 of the alcoholic beverage control law, as amended by chapter 431 of the laws of 2014, is amended to read as follows: 2-b. (a) A class B-1 distiller’s license shall authorize holder ___ the thereof to operate a rectifying plant which has a production capacity of no more than seventy-five thousand gallons per year for the manufacture of the products of rectification by purifying or combining alcohol, spirits, wine, or beer and the manufacture of cordials by the redistil.lation of alcohol or spirits over or with any materials. Such a license shall also authorize the holder thereof to blend, reduce proof and bottle on [his] licensed premises or in a United States customs bonded warehouse for which a warehouse permit has been issued under this chap.ter for wholesale liquor licensees or for persons authorized to sell liquor at wholesale pursuant to the laws and regulation of any other state, territorial possession of the United States or foreign country liquor received in bulk by such wholesalers from other states, territo.rial possessions of the United States or a foreign country, and to rebottle or recondition for wholesale liquor or wine licensees or for persons authorized to sell liquor or wine at wholesale pursuant to the laws and regulations of any other state, territorial possession of the United States or foreign country, liquor or wine manufactured outside the state, which was purchased and received by such wholesalers in AB sealed containers not exceeding one quart each of liquor or fifteen gallons each of wine. Such a license shall also authorize the sale from the licensed premises of the products manufactured by such licensee to a wholesale or retail licensee in sealed containers of not more than one quart each. In addition, it shall authorize such licensee to sell from the licensed premises New York state labelled liquors to a farm winery licensee in sealed containers of not more than one quart for retail sale for off-premises consumption. (b) A distiller licensed pursuant to this subdivision that qualifies for the micro-rectifier fee pursuant to section sixty-six of this arti.cle may, at the licensed premises, sell at retail for consumption on or off the licensed premises: (i) liquor manufactured by the licensee; (ii) New York state labeled beer, wine, cider, spirits and mead manu.factured by a person licensed to manufacture such product under this chapter. (c) A micro-rectifier licensee may conduct tastings of alcoholic beverages and sell alcoholic beverages at retail for consumption on or off the licensed premises pursuant to this subdivision; provided, howev.er, that for tastings and sales for on-premises consumption, the licen.see shall regularly keep food available for sale or service to its retail customers for consumption on the premises. A licensee providing the following shall be deemed in compliance with this provision: (i) sandwiches, soups or other such foods, whether fresh, processed, pre.cooked or frozen; and/or (ii) food items intended to complement the tasting of alcoholic beverages, which shall mean a diversified selection of food that is ordinarily consumed without the use of tableware and can be conveniently consumed while standing or walking, including but not limited to: cheeses, fruits, vegetables, chocolates, breads, mustards and crackers. (d) A micro-rectifier licensee may sell liquor manufactured by the licensee or any other distiller licensed pursuant to this chapter at retail for consumption off the premises at the state fair, at recognized county fairs and at farmers markets operated on a not-for-profit basis, subject to such rules and regulations as the authority may prescribe. (e) A micro-rectifier license shall authorize the holder thereof to manufacture, bottle and sell food condiments and products such as nuts, popcorn, mulling spices and other spirits related food in addition to other such food and crafts on and from the licensed premises. Such license shall authorize the holder thereof to store and sell gift items in a tax-paid room upon the licensed premises incidental to the sale of liquor. These gift items shall be limited to the following categories: (i) non-alcoholic beverages for consumption on or off premises, including but not limited to bottled water, juice and soda beverages; (ii) food items for the purpose of complementing liquor tastings, which shall mean a diversified selection of food that is ordinarily consumed without the use of tableware and can be conveniently consumed while standing or walking. Such food items shall include but not be limited to: cheeses, fruits, vegetables, chocolates, breads, mustards and crackers; (iii) food items, which shall include locally produced farm products and any food or food product not specifically prepared for immediate consumption upon the premises. Such food items may be combined into a package containing liquor related products; (iv) liquor supplies and accessories, which shall include any item utilized for the storage, serving or consumption of liquor or for deco- AB 1 rative________________________________________________________________________These purposes. supplies may be sold as single items or may be 2 combined into a package containing liquor; 3 (v)______________________________________________________________________equipment liquor-making and supplies including, but not limited 4 to,________________________________________________________________________filters, bottling equipment, and books or other written material to assist spirits makers to produce and bottle liquor; and 6 (vi)______________________________________________________________________items, shall but souvenir which include, not be limited to 7 artwork,________________________________________________________________________crafts, clothing, agricultural products and any other articles 8 which can be construed to propagate tourism within the region. 9 (vii)______________________________________________________________________any Notwithstanding provision of law to the contrary, another business or other businesses may operate on the licensed premises 11 subject________________________________________________________________________such and as to rules regulations the liquor authority may 12 prescribe. Such rules and regulations shall determine which businesses 13 will________________________________________________________________________compatible the policy and purposes of this chapter and be with 14 shall________________________________________________________________________consider the effect of particular businesses on the community and area in the vicinity of the micro distillery premises, provided however 16 that________________________________________________________________________a retailer business licensed under this chapter shall not be 17 permitted to operate at a licensed manufacturing premises. 18 (f) The holder of a license authorized by this subdivision may operate 19 up________________________________________________________________________ to five branch offices located away from the licensed premises. Such locations shall be considered part of the licensed premises and all 21 activities allowed at and limited to the micro-distillery may be 22 conducted________________________________________________________________________at the branch offices. Such branch offices shall not be 23 located within, share a common entrance and exit with, or have any inte.24 rior access to any other business, including premises licensed to sell alcoholic beverages at retail. Prior to commencing operation of any such 26 branch office, the licensee shall notify the authority of the location 27 of such branch office and the authority may issue a permit for the oper.28 ation of same. 29 § 4. Paragraph (g) of subdivision 2-c of section 61 of the alcoholic beverage control law, as added by chapter 431 of the laws of 2014, is 31 amended to read as follows: 32 (g) The holder of a license issued under this subdivision may operate 33 up to [one] five____ branch [office] offices located away from the _______ licensed 34 farm Such [location] locations shall be considered part of distillery. _________ the licensed premises and all activities allowed at and limited to the 36 farm distillery may _______ be conducted at the branch [office] offices. Such 37 branch [office] offices_______ shall not be located within, share a common 38 entrance and exit with, or have any interior access to any other busi.39 ness, including premises licensed to sell alcoholic beverages at retail. Prior to commencing operation of any such branch [office] offices,_______ the 41 licensee shall notify the authority of the location of such branch 42 [office] offices_______ and the authority may issue a permit for the operation 43 of same. 44 § 5. This act shall take effect immediately. SUBPART J 46 Section 1. Section 104 of the alcoholic beverage control law is 47 amended by adding a new subdivision 12 to read as follows: 48 12.______________________________________________________________________Notwithstanding any provision of law to the contrary, no whole.49 saler________________________________________________________________________ shall assess any fee, including but not limited to fees for stor. age, interest, collections, attorneys, split cases, breakage and deliv.51 ery, upon any New York state licensed retailer other than the purchase 52 price of alcoholic beverages, provided, however, that the authority may, 53 by rule or regulation, permit the assessment of one or more categories AB 1 of________________________________________________________________________or and may impose such limitations, conditions, and fees charges 2 record keeping requirements it deems appropriate. 3 § 2. This act shall take effect on the ninetieth day after it shall 4 have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of 6 this act on its effective date are authorized to be made and completed 7 on or before such effective date. 8 SUBPART K 9 Section 1. The opening paragraph of paragraph (a) of subdivision 1 of section 101 of the alcoholic beverage control law, as amended by chapter 11 318 of the laws of 2016, is amended to read as follows: 12 Be interested directly or indirectly in any premises where any alco.13 holic beverage is sold at retail; or in any business devoted wholly or 14 partially to the sale of any alcoholic beverage at retail by stock ownership, interlocking directors, mortgage or lien or any personal or 16 real property, or by any other means,______________________________ except that nothing in this 17 section________________________________________________________________________shall prohibit a licensed manufacturer or any owner of any out.18 of-state________________________________________________________________________where premises liquors, wines, or beer are manufactured from 19 owning________________________________________________________________________up to three licensed retail premises for on-premises consumption where such manufacturer is owned by the same person or corporate entity 21 as such retailer or retailers and where such retailer or retailers 22 utilize a substantially similar corporate name and/or d/b/a as the 23 manufacturer. For purposes of this chapter, said licensed manufacturer 24 or________________________________________________________________________ owner of any out-of-state premises where liquors, wines, or beer are manufactured shall be deemed to be owned by the same corporate entity as 26 such________________________________________________________________________retailer or retailers if a majority of each class of stock of each 27 such corporation is owned by the same person. The provisions of this 28 paragraph shall not apply to 29 § 2. Paragraph (e) of subdivision 1 of section 101 of the alcoholic beverage control law, as added by chapter 557 of the laws of 1964, is 31 amended to read as follows: 32 (e) The prohibitions and restrictions contained in paragraphs [b, c 33 and d above] (b), (c) and (d) of this subdivision shall not apply to any 34 contractual arrangements between a licensed manufacturer [or wholesaler] or any owner of any out-of-state premises where liquors, wines, or beer 36 are manufactured and [a] up___________to three licensed [retailer] retail premises 37 for on-premises consumption where such manufacturer [or has ___________________________ wholesaler 38 made a substantial investment, directly or through such retailer, in the 39 construction, capitalization or furnishing of any exhibit, facility or installation in the area leased by the city of New York to New York 41 World’s Fair 1964-1965 Corporation, pursuant to chapter four hundred 42 twenty-eight of the laws of nineteen hundred sixty, as amended, and such 43 retailer is conducting his business as a part of such exhibit or instal.44 lation or is responsible to such corporation for the construction, oper. ation or maintenance of such exhibit, facility or installation. This 46 modification to the prohibitions and restrictions contained in this 47 paragraph shall continue until November first, nineteen hundred sixty.48 five] is owned by the same person or corporate entity as such retailer 49 or retailers. § 3. The opening paragraph of paragraph (a) of subdivision 13 of 51 section 106 of the alcoholic beverage control law, as amended by chapter 52 453 of the laws of 2018, is amended to read as follows: 53 No retail licensee for on-premises consumption shall be interested, 54 directly or indirectly, in any premises where liquors, wines or beer are AB 1 manufactured or sold at wholesale, by stock ownership, interlocking 2 directors, mortgage or lien on any personal or real property or by any 3 other means, except___________________________________________________________that nothing shall prohibit a licensed manufacturer 4 or________________________________________________________________________ any owner of any out-of-state premises where liquors, wines, or beer are manufactured, from holding up to three licensed retail premises for 6 on-premises consumption where such manufacturer is owned by the same 7 person or corporate entity as such retailer or retailers, and except 8 that liquors, wines or beer may be manufactured or sold wholesale by the 9 person licensed as a manufacturer or wholesaler thereof: § 4. This act shall take effect on the ninetieth day after it shall 11 have become a law. 12 § 2. Severability clause. If any clause, sentence, paragraph, subdivi.13 sion, section or part of this act shall be adjudged by any court of 14 competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in 16 its operation to the clause, sentence, paragraph, subdivision, section 17 or part thereof directly involved in the controversy in which such judg.18 ment shall have been rendered. It is hereby declared to be the intent of 19 the legislature that this act would have been enacted even if such invalid provisions had not been included herein. 21 § 3. This act shall take effect immediately provided, however, that 22 the applicable effective date of Subparts A through K of this part shall 23 be as specifically set forth in the last section of such Subparts. 24 PART P Section 1. This act enacts into law components of legislation relating 26 to alcoholic beverage licensing. Each component is wholly contained 27 within a Part identified as Subparts A through H. The effective date for 28 each particular provision contained within such Subpart is set forth in 29 the last section of such Subpart. Any provision in any section contained within a Subpart, including the effective date of the Subpart, 31 which makes reference to a section “of this act”, when used in 32 connection with that particular component, shall be deemed to mean and 33 refer to the corresponding section of the Subpart in which it is found. 34 Section three of this act sets forth the general effective date of this act. 36 SUBPART A 37 Section 1. The alcoholic beverage control law is amended by adding a 38 new section 64-g to read as follows: 39 §______________________________________________________________________64-g. License to sell liquor on premises at an adult care facility. 1. Any adult care facility licensed by the department of health may make 41 an________________________________________________________________________ application to the state liquor authority for an adult care facility 42 license. 43 2. Such application shall be in such form and shall contain such 44 information________________________________________________________________________shall as be required by the liquor authority and shall be accompanied by a check or draft in the amount required by this article 46 for such license. 47 3. Section fifty-four of this chapter shall control so far as applica.48 ble to the procedure in connection with such application. 49 4.______________________________________________________________________ Such adult care facility license shall in form and in substance be a license to the adult care facility to operate one or more food and 51 drinking establishments on its premises as defined by article 52 forty-six-B________________________________________________________________________of the public health law. Such license shall also be deemed AB 1 to________________________________________________________________________a to sell liquor, wine, beer, cider, mead and/or include license 2 braggot at retail for consumption on its premises so licensed exclusive.3 ly________________________________________________________________________to residents and guests of residents of the adult care facility, and 4 also to sell alcoholic beverages for service on its premises for resi. dents and guests of residents in areas designated by the applicant for 6 alcoholic beverage consumption in the manner prescribed by rule or regu.7 lation of the authority. 8 5.______________________________________________________________________ All of the provisions of this chapter relative to licenses to sell 9 liquor, wine, beer, cider, mead and/or braggot at retail for consumption on the premises shall apply as far as applicable to such application. 11 § 2. Section 66 of the alcoholic beverage control law is amended by 12 adding a new subdivision 11 to read as follows: 13 11. The fee for an original and renewal adult care facility on-premis.14 es license shall be five hundred dollars. Such license shall run for a period of three years. In addition to the license fees provided for in 16 this subdivision, there shall be paid to the authority with each 17 original application a filing fee of two hundred dollars and with each 18 renewal application a filing fee of one hundred dollars. 19 § 3. This act shall take effect on the one hundred eightieth day after it shall have become a law. Effective immediately, the addition, amend.21 ment and/or repeal of any rule or regulation necessary for the implemen.22 tation of this act on its effective date are authorized to be made and 23 completed on or before such effective date. 24 SUBPART B Section 1. Section 3 of the alcoholic beverage control law is amended 26 by adding a new subdivision 2-a to read as follows: 27 2-a. “Airline lounge” means and includes any premises located within 28 an airport and such premises is owned, leased, or operated by a United 29 States________________________________________________________________________airline certificated which regularly and in a bona fide manner furnishes provisions and services therein. 31 § 2. Section 106 of the alcoholic beverage control law is amended by 32 adding a new subdivision 8-a to read as follows: 33 8-a. A license issued for premises being conducted as an airline 34 lounge shall authorize the holder thereof to provide alcoholic beverages for on-premises consumption only to persons with lounge access privi.36 leges________________________________________________________________________ as authorized by the airline. Food shall be made regularly avail.37 able to such persons for consumption on the premises. The availability 38 of________________________________________________________________________soups other foods, whether fresh, processed, pre. sandwiches, or 39 cooked________________________________________________________________________or frozen, shall be deemed compliance with this requirement. The licensed premises shall comply at all times with all the regulations of 41 the local department of health. Nothing contained in this subdivision, shall construed any 42 however,________________________________________________________________________be to require that food be sold or 43 purchased with any liquor, nor shall any rule, regulation or standard be 44 promulgated or enforced requiring that the sale of food be substantial or that the receipts of the business other than from the sale of liquor 46 equal any set percentage of total receipts from sales made therein. 47 § 3. This act shall take effect on the one hundred eightieth day after 48 it shall have become a law. Effective immediately, the addition, amend.49 ment and/or repeal of any rule or regulation necessary for the implemen. tation of this act on its effective date are authorized to be made and 51 completed on or before such effective date. 52 SUBPART C AB 1 Section 1. Section 3 of the alcoholic beverage control law is amended 2 by adding a new subdivision 7-aa to read as follows: 3 7-aa. “Cafe” means a place which is regularly and in a bona fide 4 manner open for the service of light fare but not necessarily full entrees to guests for compensation and featuring adequate food prepara. 6 tion________________________________________________________________________facilities for keeping of food on said premises in compliance with 7 all the regulations of the local department of health, and where food is 8 prepared and served for consumption on the premises in such quantities 9 as________________________________________________________________________to satisfy the liquor authority that the sale of alcoholic beverages intended is incidental to and not the prime source of revenue from the 11 operation of such premises. For the purposes of a cafe, “guests” means 12 persons who, during the hours when meals are regularly served therein, 13 come________________________________________________________________________to a cafe for the purpose of obtaining, and actually order and 14 obtain at such time, in good faith, freshly prepared light fare therein. Nothing contained in this subdivision shall be construed to require that 16 any food be sold or purchased with any beverage. 17 § 2. This act shall take effect on the one hundred eightieth day after 18 it shall have become a law. Effective immediately, the addition, amend.19 ment and/or repeal of any rule or regulation necessary for the implemen. tation of this act on its effective date are authorized to be made and 21 completed on or before such effective date. 22 SUBPART D 23 Section 1. The alcoholic beverage control law is amended by adding a 24 new section 64-h to read as follows: § 64-h. Higher education on-premises license. 1. Any college, univer.26 sity, or other institution for higher education authorized to confer 27 degrees by the board of regents or the commissioner of education may 28 make an application to the state liquor authority for a higher education 29 license. 2. Such application shall be in such form and shall contain such 31 information________________________________________________________________________as shall be required by the liquor authority and shall be 32 accompanied by a check or draft in the amount required by this section 33 for such license. 34 3. Section fifty-four of this chapter shall control so far as applica.ble to the procedure in connection with such application. 36 4. Such higher education license shall in form and in substance be a 37 license________________________________________________________________________the university, or other institution for higher to college, 38 education________________________________________________________________________to periodically provide food and beverages for events held on 39 its campus as defined by section two of the education law, and to sell liquor, wine, beer and cider at retail for consumption on the premises 41 so________________________________________________________________________The licensed. event spaces so designated need not be contiguous to 42 one another. Upon notice to the authority, a higher education licensee 43 may________________________________________________________________________ also host events, meetings, seminars, or conferences where food and 44 alcoholic beverages are served or available to attendees and where the alcoholic beverages are incidental to the event, at locations on its 46 campus other than those designated as food and drinking establishments 47 in________________________________________________________________________application, the such events may be catered by a licensed caterer. 48 All of the provisions of this chapter relative to licenses to sell 49 liquor, wine, beer, cider, mead and/or braggot at retail for consumption on the premises shall apply so far as applicable to such application. 51 5.______________________________________________________________________ Such license shall also be deemed to include a license to manufac.52 ture________________________________________________________________________liquor, wine, beer, cider, mead and/or braggot on the premises 53 specifically licensed, under the same terms and without payment of any 54 additional________________________________________________________________________fee. Provided, however, that no such licensee shall manufac- AB ture annually in excess of ten thousand barrels of beer, seventy-five thousand gallons of wine, seventy-five thousand gallons of cider, or thirty-seven thousand five hundred gallons of distilled spirits. 6. A higher education licensee may conduct tastings of any alcoholic beverages it produces: (a) upon its licensed premises; (b) at the state fair, at recognized county fairs and at farmers markets operated on a not-for-profit basis; and (c) at outdoor or indoor gatherings, functions, occasions or events, within the hours fixed by or pursuant to subdivision fourteen of section one hundred five of this chapter, sponsored by a bona fide charitable organization. For the purposes of this paragraph, a bona fide charitable organization shall mean and include any bona fide religious or charita.ble organization or bona fide educational, fraternal or service organ.ization or bona fide organization of veterans or volunteer firefighters, which by its charter, certificate of incorporation, constitution, or act of the legislature, shall have among its dominant purposes one or more of the lawful purposes as defined in subdivision five of section one hundred eighty-six of the general municipal law. 7. Notwithstanding any other provision of law to the contrary, all alcoholic beverages produced by a higher education licensee and sold on the premises of said higher education licensee, or utilized for tastings as otherwise provided for by this section, shall be exempt from the provisions of sections fifty-five-b, one hundred seven-a, one hundred one-aa, and one hundred one-aaa of this chapter. 8. A higher education licensee may sell alcoholic beverages produced by the licensee to another retail licensee where such other license is held by the college, university, or other institution for higher educa.tion. 9. For purposes of sections one hundred one and one hundred six of this chapter, the licensee under this section shall be considered a “retailer” as that term is defined within section three of this chapter. Provided, however, that the provisions of subdivision one of section one hundred one and subdivision thirteen of section one hundred six of this chapter shall only apply to the licensee’s alcoholic beverage officer, as designated pursuant to subdivision four of section one hundred twen.ty-six of this chapter. 10. A higher education licensee shall report to the authority no less than five days prior to all events featuring sales or tastings of alco.holic beverages conducted pursuant to their license during the license period in such manner and format as the authority shall direct. § 2. Subdivision 1 of section 101 of the alcoholic beverage control law is amended by adding a new paragraph (g) to read as follows: (g) In the case of a college, university, or other institution for higher education authorized to confer degrees by the board of regents or the commissioner of education holding a retail license under this chap.ter, the provisions and restrictions contained in paragraphs (b) and (d) of this subdivision shall only apply to such licensee’s alcoholic bever.age officer, as designated pursuant to subdivision four of section one hundred twenty-six of this article. § 3. Paragraph (a) of subdivision 1 of section 110 of the alcoholic beverage control law is amended by adding a new clause (iv) to read as follows: (iv) If the applicant is a college, university, or other institution for higher education authorized to confer degrees by the board of regents or the commissioner of education, the corporate name of the AB applicant, its place of incorporation, its main business address (and if such main business address is not within the state, the address of its main place of business within the state), other names by which it has been known or has conducted business at any time, its telephone number, its federal employer identification number, and the name of its alcohol.ic beverage officer. § 4. Subdivision 4 of section 126 of the alcoholic beverage control law, as amended by chapter 669 of the laws of 2022, is amended to read as follows: 4. A copartnership or a corporation, unless each member of the part.nership, or each of the principal officers and directors of the corpo.ration, is a citizen of the United States or a noncitizen lawfully admitted for permanent residence in the United States, not less than twenty-one years of age, and has not been convicted of any felony or any of the misdemeanors, specified in section eleven hundred forty-six of the former penal law as in force and effect immediately prior to Septem.ber first, nineteen hundred sixty-seven, or of an offense defined in section 230.20 or 230.40 of the penal law, or if so convicted has received, subsequent to such conviction, an executive pardon therefor removing this disability a certificate of good conduct granted by the department of corrections and community supervision, or a certificate of relief from disabilities granted by the department of corrections and community supervision or a court of this state pursuant to the provisions of article twenty-three of the correction law to remove the disability under this section because of such conviction; provided however:_ that a corporation which otherwise conforms to the requirements of this section and chapter may be licensed if each of its principal officers and more than one-half of its directors are citizens of the United States or noncitizens lawfully admitted for permanent residence in the United States; and provided further that a corporation organized under the not-for-profit corporation law or the education law which otherwise conforms to the requirements of this section and chapter may be licensed if each of its principal officers and more than one-half of its directors are not less than twenty-one years of age and none of its directors are less than eighteen years of age; and provided further that a corporation organized under the not-for-profit corporation law or the education law and located on the premises of a college as defined by section two of the education law which otherwise conforms to the requirements of this section and chapter may be licensed if each of its principal officers and each of its directors are not less than eighteen years of age; and that a college, university, or other institution for higher education authorized to confer degrees by the board of regents or the commissioner of education may be licensed if it appoints an alcohol.ic beverage officer from among its officers who otherwise conforms to the requirements of this section and chapter and who shall be responsi.ble for filing all applications and other documents required to be submitted to the authority. § 5. Section 66 of the alcoholic beverage control law is amended by adding a new subdivision 12 to read as follows: 12. The fee for an original and renewal higher education on-premises license shall be one thousand five hundred dollars. Such license shall run for a period of three years. In addition to the license fees provided for in this subdivision, there shall be paid to the authority with each original application a filing fee of two hundred dollars and with each renewal application a filing fee of one hundred dollars. AB 1 § 6. This act shall take effect on the one hundred eightieth day after 2 it shall have become a law. Effective immediately, the addition, amend.3 ment and/or repeal of any rule or regulation necessary for the implemen.4 tation of this act on its effective date are authorized to be made and completed on or before such effective date. 6 SUBPART E 7 Section 1. The alcoholic beverage control law is amended by 8 adding a new section 79-e to read as follows: 9 § 79-e. Hotel concessionaire license. 1. Any person may apply to the authority for a license to sell unopened alcoholic beverages to go from 11 a shop or concession stand located within a hotel. 12 2.______________________________________________________________________(a) Such hotel concessionaire license shall in form and in 13 substance________________________________________________________________________the enable person specifically licensed to sell wine, beer, 14 cider, mead, braggot, and wine products at not more than fifteen percent alcohol by volume and in sealed containers not to exceed seven hundred 16 fifty milliliters. 17 (b)______________________________________________________________________ Any person holding a hotel concessionaire license shall only sell 18 alcoholic beverages described in paragraph (a) of this subdivision above 19 at________________________________________________________________________retail exclusively to registered overnight guests staying at the hotel at the time of the sale. 21 3.______________________________________________________________________ A license issued under this section shall be confined to a clearly 22 defined area within a hotel as disclosed to the authority. Provided, 23 however,________________________________________________________________________ that a hotel concessionaire licensee may use space shared with 24 the hotel in which the licensed premises is located to keep and maintain any books and records required by this chapter and to store alcoholic 26 beverages. Such shared space shall be disclosed to and approved by the 27 authority. 28 4. The holder of a hotel concessionaire license shall take the follow.29 ing actions to prevent the occurrence of prohibited sales as described in section sixty-five of this chapter: 31 (a) The hotel shop or concession stand licensed under this section 32 must________________________________________________________________________be directly supervised by the licensee, a hired manager, or an 33 employee of the licensee during all hours of operation; 34 (b) All sales of alcoholic beverages in the licensed hotel shop or concession stand must be made by a person holding a certificate of 36 completion issued by an alcohol training awareness program pursuant to 37 subdivision________________________________________________________________________twelve of section seventeen or subdivision ten of section 38 eighteen of this chapter; 39 (c)______________________________________________________________________holder The of a hotel concessionaire license must obtain an age verification scanner and keep it in the hotel shop or concession stand 41 licensed under this section; 42 (d)______________________________________________________________________ The persons making the sale of alcohol in the licensed hotel shop 43 or________________________________________________________________________concession stand must use a scanner to verify the age of customers 44 before completing the transaction; and (e) All other preventative measures as deemed necessary by the author.46 ity. 47 5. Every hotel concessionaire licensee shall regularly keep food 48 available________________________________________________________________________for sale in the shop or concession stand located within the 49 hotel. The availability of sandwiches, soups or other foods, whether fresh, processed, pre-cooked or frozen, shall be deemed compliance with 51 this requirement. 52 6.______________________________________________________________________ (a) Any person receiving a hotel concessionaire license under this 53 section________________________________________________________________________shall be subject to the provisions of sections one hundred five AB 1 and one hundred five-b of this chapter, unless determined otherwise by 2 the authority pursuant to subdivision ten of this section. 3 (b) Any premises licensed under this section and any space shared with 4 a hotel in which said premises is located shall be subject to inspection by any peace officer described in subdivision four of section 2.10 of 6 the criminal procedure law acting pursuant to their special duties, or 7 police officer or any duly authorized representative of the state liquor 8 authority, during the hours when said premises are open for the trans.9 action of business. 7. Not withstanding any other provisions of this chapter, any hotel 11 business operator with a license issued under this chapter to sell alco.12 holic________________________________________________________________________ beverages at retail for consumption on the premises at such hotel 13 may apply to the authority for a hotel concessionaire license. 14 8.______________________________________________________________________The fee for a hotel concessionaire license shall be one thousand nine hundred twenty dollars in the counties of New York, Kings, Bronx, 16 and________________________________________________________________________Queens; nine hundred sixty dollars in the county of Richmond and in 17 cities________________________________________________________________________a having population of more than one hundred thousand and less 18 than one million; and four hundred thirty-five dollars elsewhere. Said 19 license________________________________________________________________________run a of shall for period three years. In addition to the license fees provided for in this subdivision, there shall be paid to 21 the________________________________________________________________________ authority with each initial application a non-refundable filing fee 22 of________________________________________________________________________one hundred dollars and with each renewal application a non-refunda.23 ble filing fee of twenty-five dollars. 24 9. Such application shall be in such form and shall contain such information as shall be required by the rules of the authority and shall 26 be accompanied by a check or draft in the amount required by subdivision 27 eight of this section. 28 10.______________________________________________________________________The authority may promulgate such rules and regulations as may be 29 deemed necessary to carry out the provisions of this section. § 2. This act shall take effect on the one hundred eightieth day after 31 it shall have become a law. Effective immediately, the addition, amend.32 ment and/or repeal of any rule or regulation necessary for the implemen.33 tation of this act on its effective date are authorized to be made and 34 completed on or before such effective date. SUBPART F 36 Section 1. The alcoholic beverage control law is amended by adding a 37 new section 99-i to read as follows: 38 §______________________________________________________________________99-i. Early morning sports bar on-premises permit. 1. Notwithstand.39 ing any provision of law or rule to the contrary, anyone licensed pursu. ant to this chapter with the privilege of selling alcoholic beverages at 41 retail________________________________________________________________________on-premises may an for consumption make application to the 42 authority for an early morning sports bar on-premises permit. 43 2. Such application shall be in such form as the authority shall 44 prescribe and shall contain such information as shall be required by the authority and shall be accompanied by a check or draft in the amount of 46 one thousand dollars for such permit. A filing fee of twenty dollars 47 shall________________________________________________________________________assessed permits pursuant be for issued to this section. If 48 approved,________________________________________________________________________such permit term shall run for the same license period as the 49 underlying on-premises retail license. 3. Such permit shall authorize the operation of the underlying 51 licensed premises for on-premises retail sales during the hours of seven 52 o’clock________________________________________________________________________a.m. to eight o’clock a.m. Monday through Saturday, and seven 53 o’clock a.m. to ten o’clock a.m. on Sundays, on days when a live tele.54 vised major professional or international sporting event is played AB S. 9005 52 A. 10005 1 during those hours in the eastern daylight time/eastern standard time________________________________________________________________________ 2 time zone on that date._______________________ 3 4. Section fifty-four of this chapter shall control so far as applica.______________________________________________________________________ 4 ble to the procedure in connection with such application._________________________________________________________ 5. An applicant for a permit under this section shall provide notice______________________________________________________________________ 6 to the local municipality of such application as provided in section one________________________________________________________________________ 7 hundred ten-b of this chapter.______________________________ 8 6. Such permit and the exercise of the privileges granted thereunder______________________________________________________________________ 9 shall be subject to such rules that the authority may deem necessary._____________________________________________________________________ § 2. Paragraphs (a) and (b) of subdivision 5 of section 106 of the 11 alcoholic beverage control law, paragraph (a) as amended by chapter 160 12 of the laws of 2024 and paragraph (b) as amended by section 1 of part FF 13 of chapter 55 of the laws of 2020, are amended to read as follows: 14 (a) Except as provided in paragraph (c) of this subdivision, on Sunday, from four ante meridiem to ten o’clock a.m., except pursuant to 16 a permit issued under section ninety-nine-h [or], subdivision five of_ 17 section ninety-seven [of this chapter] or a permit issued under section_________________________________ 18 ninety-nine-i of this chapter._____________________________ 19 (b) Except as provided in paragraph (c) of this subdivision, on any other day between four ante meridiem and eight ante meridiem, except_________ 21 pursuant to a permit issued under section ninety-nine-i of this chapter._______________________________________________________________________ 22 § 3. This act shall take effect on the one hundred eightieth day after 23 it shall have become a law. Effective immediately, the addition, amend. 24 ment and/or repeal of any rule or regulation necessary for the implemen. tation of this act on its effective date are authorized to be made and 26 completed on or before such effective date. 27 SUBPART G 28 Section 1. Section 53 of the alcoholic beverage control law, as 29 amended by chapter 3 of the laws of 2021, is amended to read as follows: § 53. Wholesaler’s license. Any person may apply to the liquor author. 31 ity for a license to sell beer at wholesale. Such application shall be 32 in writing and verified and shall contain such information as the liquor 33 authority shall require. Such application shall be accompanied by a 34 check or draft for the amount required by this article for such license. If the liquor authority shall grant the application it shall issue a 36 license in such form as shall be determined by its rules. Such a license 37 shall contain a description of the licensed premises and in form and in 38 substance shall be a license to the person therein specifically desig. 39 nated to sell beer at wholesale in the premises therein specifically licensed to duly licensed wholesalers, retailers and permittees in this 41 state, and to sell or deliver beer to persons outside the state pursuant 42 to the laws of the place of such sale or delivery. A wholesaler’s 43 license [issued or renewed prior to July first, nineteen hundred sixty, 44 and thereafter renewed or transferred,] shall authorize the holder ther. eof to sell beer at retail [to a person for consumption in his home; 46 provided, however, that regardless of the date issued, renewed or trans. 47 ferred, a wholesaler’s license issued to a brewer or to the wholly-owned 48 subsidiary of a brewer, shall authorize the holder thereof to sell beer 49 at retail to a person for consumption in his home] for off-premises_________________ consumption.___________ 51 § 2. This act shall take effect immediately and shall apply to all 52 applications submitted to the authority on or after such effective date. 53 Effective immediately, the addition, amendment and/or repeal of any rule 54 or regulation necessary for the implementation of this act on its effec- AB 1 tive date are authorized to be made and completed on or before such 2 effective date. 3 SUBPART H 4 Section 1. Subdivision 3 of section 17 of the alcoholic beverage control law, as separately amended by section 4 of chapter 342 and 6 section 2 of chapter 656 of the laws of 2025, is amended to read as 7 follows: 8 3. To revoke, cancel or suspend for cause any license or permit issued 9 under this chapter and/or to impose a civil penalty for cause against any holder of a license or permit issued pursuant to this chapter. Any 11 civil penalty so imposed shall not exceed the sum of ten thousand 12 dollars as against the holder of any retail permit issued pursuant to 13 sections ninety-five, ninety-seven, ninety-eight, nine- ninety-nine-d,________ 14 ty-nine-i, paragraph f of subdivision one of section ninety-nine-b __________ and of this chapter, and as against the holder of any retail license issued 16 pursuant to sections fifty-three-a, fifty-four, fifty-four-a, fifty.17 five, fifty-five-a, sixty-three, sixty-four, sixty-four-a, sixty-four-b, 18 sixty-four-c, sixty-four-d,____________________________sixty-four-e, sixty-four-f, sixty-four-g, 19 sixty-four-h, seventy-nine, eighty-one and eighty-one-a _____________ seventy-six-f, of this chapter, and the sum of thirty thousand dollars as against the 21 holder of a license issued pursuant to sections thirty, thirty-one, 22 thirty-five, fifty-three, fifty-nine-b,_____________ sixty-one-a, sixty-one-b, 23 sixty-one-c, ____________ seventy-six, seventy-six-a, [and] sixty-eight, 24 seventy-six-c, seventy-six-d, seventy-six-f, seventy-seven, seventy- eight and seventy-nine-c of this chapter, provided that the civil penal.26 ty against the holder of a wholesale license issued pursuant to section 27 fifty-three of this chapter shall not exceed the sum of ten thousand 28 dollars where that licensee violates provisions of this chapter during 29 the course of the sale of beer at retail to a person for consumption at home, and the sum of one hundred thousand dollars as against the holder 31 of any license issued pursuant to sections fifty-one, sixty-one, and 32 sixty-two of this chapter. Any civil penalty so imposed shall be in 33 addition to and separate and apart from the terms and provisions of the 34 bond required pursuant to section one hundred twelve of this chapter. Provided that no appeal is pending on the imposition of such civil 36 penalty, in the event such civil penalty imposed by the division remains 37 unpaid, in whole or in part, more than forty-five days after written 38 demand for payment has been sent by first class mail to the address of 39 the licensed premises, a notice of impending default judgment shall be sent by first class mail to the licensed premises and by first class 41 mail to the last known home address of the person who signed the most 42 recent license application. The notice of impending default judgment 43 shall advise the licensee: (a) that a civil penalty was imposed on the 44 licensee; (b) the date the penalty was imposed; (c) the amount of the civil penalty; (d) the amount of the civil penalty that remains unpaid 46 as of the date of the notice; (e) the violations for which the civil 47 penalty was imposed; and (f) that a judgment by default will be entered 48 in the supreme court of the county in which the licensed premises are 49 located, or other court of civil jurisdiction or any other place provided for the entry of civil judgments within the state of New York 51 unless the division receives full payment of all civil penalties due 52 within twenty days of the date of the notice of impending default judg.53 ment. If full payment shall not have been received by the division with.54 in thirty days of mailing of the notice of impending default judgment, AB the division shall proceed to enter with such court a statement of the default judgment containing the amount of the penalty or penalties remaining due and unpaid, along with proof of mailing of the notice of impending default judgment. The filing of such judgment shall have the full force and effect of a default judgment duly docketed with such court pursuant to the civil practice law and rules and shall in all respects be governed by that chapter and may be enforced in the same manner and with the same effect as that provided by law in respect to execution issued against property upon judgments of a court of record. A judgment entered pursuant to this subdivision shall remain in full force and effect for eight years notwithstanding any other provision of law. § 2. Subdivision 6 of section 64-a of the alcoholic beverage control law, as amended by section 2 of part CC of chapter 55 of the laws of 2024, is amended to read as follows: 6. No special on-premises license shall be granted except for premises in which the principal business shall be (a) the sale of food or bever.ages at ________________________ retail for consumption on the premises; (b) an airline lounge; (c) a cafe or [(b)] (d) the operation of a legitimate theatre, including a motion picture theatre that is a building or facility which is regu.larly used and kept open primarily for the exhibition of motion pictures for at least five out of seven days a week, or on a regular seasonal basis of no less than six contiguous weeks, to the general public where all auditorium seating is permanently affixed to the floor and at least sixty-five percent of the motion picture theatre’s annual gross revenues is the combined result of admission revenue for the showing of motion pictures and the sale of food and non-alcoholic beverages, or such other lawful adult entertainment or recreational facility as the liquor authority, giving due regard to the convenience of the public and the strict avoidance of sales prohibited by this chapter, shall by regu.lation classify for eligibility. § 3. Subdivision 6 of section 64-a of the alcoholic beverage control law, as amended by chapter 475 of the laws of 2011, is amended to read as follows: 6. No special on-premises license shall be granted except for premises in which the principal business shall be (a) the sale of food or bever.ages at ________________________ retail for consumption on the premises; (b) an airline lounge; (c) a cafe or [(b)] (d)___ the operation of a legitimate theatre or such other lawful adult entertainment or recreational facility as the liquor authority, giving due regard to the convenience of the public and the strict avoidance of sales prohibited by this chapter, shall by regu.lation classify for eligibility. Nothing contained in this subdivision shall be deemed to authorize the issuance of a license to a motion picture theatre, except those meeting the definition of restaurant and meals, and where all seating is at tables where meals are served. § 4. This act shall take effect on the one hundred eightieth day after it shall have become a law; provided however, that the amendments to subdivision 3 of section 17 of the alcoholic beverage control law made by section one of this act shall be subject to the expiration of such subdivision and shall expire and be deemed repealed therewith; provided further, however, that the amendments to subdivision 6 of section 64-a of the alcoholic beverage control law made by section two of this act shall be subject to the expiration and reversion of such subdivision pursuant to section 5 of part CC of chapter 55 of the laws of 2024, as amended, when upon such date the provisions of section three of this act shall take effect. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation AB 1 of this act on its effective date are authorized to be made and 2 completed on or before such effective date. 3 § 2. Severability clause. If any clause, sentence, paragraph, subdivi.4 sion, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, 6 impair, or invalidate the remainder thereof, but shall be confined in 7 its operation to the clause, sentence, paragraph, subdivision, section 8 or part thereof directly involved in the controversy in which such judg.9 ment shall have been rendered. It is hereby declared to be the intent of the legislature that this act would have been enacted even if such 11 invalid provisions had not been included herein. 12 § 3. This act shall take effect immediately, provided, however, that 13 the applicable effective date of Subparts A through H of this act shall 14 be as specifically set forth in the last section of such Subparts. PART Q 16 Section 1. The alcoholic beverage control law is amended by adding a 17 new section 64-g to read as follows: 18 §______________________________________________________________________ 64-g. Dine and dance license. 1. Any person may make an application 19 to________________________________________________________________________the state liquor authority for a license to sell liquor at retail to be consumed on the premises of a dine and dance licensee. Such licenses 21 shall be issued except for good cause shown and shall in form and in 22 substance be a license to the person specifically licensed to sell 23 liquors________________________________________________________________________at retail, to be consumed upon the premises. Such license shall 24 also________________________________________________________________________deemed include a license to sell wine, beer, cider, mead be to and/or braggot at retail to be consumed under the same terms and condi.26 tions,________________________________________________________________________ without the payment of any additional fee. All of the provisions 27 of________________________________________________________________________this chapter relative to licenses to sell liquor, wine, beer, cider, 28 mead________________________________________________________________________braggot retail for consumption on the premises shall and/or at 29 apply so far as applicable to such application. 2. Such application shall be in such form and shall contain such 31 information________________________________________________________________________shall as be required by the liquor authority and shall be 32 accompanied by a check or draft in the amount required by this chapter 33 for such licenses. 34 3.______________________________________________________________________ Section fifty-four of this chapter shall control, so far as appli.cable, the procedure in connection with such application. 36 4. Under this section, permissible methods of operation include live 37 and/or________________________________________________________________________ recorded and/or DJ music and shall also specifically provide for 38 patron and/or employee dancing, provided that such dancing shall not 39 include exotic dancing. The liquor authority may promulgate such rules and regulations as deemed necessary to carry out the provisions of this 41 section. 42 5. Every dine and dance licensee shall keep food available for sale to 43 its customers for consumption on the premises. The availability of sand.44 wiches,________________________________________________________________________ soups or comparable foods, whether fresh, processed, pre-cooked or frozen, during such hours of operation shall be deemed compliance 46 with this requirement. Nothing contained in this subdivision, however, 47 shall________________________________________________________________________be construed to require that any food be sold or purchased with 48 any liquor. 49 6. The authority may consider any or all of the following in determin. ing whether public convenience and advantage and the public interest 51 will be promoted by the granting of licenses under this section: 52 (a)______________________________________________________________________the number, classes and character of licenses in proximity to the 53 location and in the particular municipality or subdivision thereof; AB (b) evidence that applicants have secured all necessary licenses and permits from the state and all other governing bodies; (c) the effect that the granting of the license will have on vehicular traffic and parking in the proximity of the location; (d) the existing noise level at the location and any increase in noise level that would be generated by the proposed premises; (e) the history of liquor violations and reported criminal activity at the proposed premises; and (f) any other factors specified by law or regulation that are relevant to determine the public convenience or advantage and necessary to find that the granting of such license shall be in the public interest. 7. No restaurant dine and dance license shall be granted for any prem.ises which shall be: (a) on the same street or avenue and within two hundred feet of a building occupied exclusively as a school, church, synagogue or other place of worship; or (b) in a city, town or village having a population of twenty thousand or more within five hundred feet of three or more existing premises licensed and operating pursuant to this section and sections sixty-four, sixty-four-a, sixty-four-b, sixty-four-c, sixty-four-d, and/or sixty.four-f of this article; (c) the measurements in paragraphs (a) and (b) of this subdivision are to be taken in straight lines from the center of the nearest entrance of the premises sought to be licensed to the center of the nearest entrance of such school, church, synagogue or other place of worship or to the center of the nearest entrance of each such premises licensed and oper.ating pursuant to this section and sections sixty-four, sixty-four-a, sixty-four-b, sixty-four-c, sixty-four-d, and/or sixty-four-f of this article; except, however, that no renewal license shall be denied because of such restriction to any premises so located which were main.tained as a bona fide hotel, restaurant, catering establishment or club on or prior to December fifth, nineteen hundred thirty-three; and, except that no license shall be denied to any premises at which a license under this chapter has been in existence continuously from a date prior to the date when a building on the same street or avenue and within two hundred feet of said premises has been occupied exclusively as a school, church, synagogue or other place of worship; and except that no license shall be denied to any premises, which is within five hundred feet of three or more existing premises licensed and operating pursuant to this section and sections sixty-four, sixty-four-a, sixty.four-b, sixty-four-c, sixty-four-d, and/or sixty-four-f of this article, at which a license under this chapter has been in existence continuously on or prior to November first, nineteen hundred ninety-three. The liquor authority, in its discretion, may authorize the removal of any such licensed premises to a different location on the same street or avenue, within two hundred feet of said school, church, synagogue or other place of worship, provided that such new location is not within a closer distance to such school, church, synagogue or other place of worship. (d) within the context of this subdivision, the word “entrance” shall mean a door of a school, of a house of worship, or of premises licensed and operating pursuant to this section and sections sixty-four, sixty.four-a, sixty-four-b, sixty-four-c, sixty-four-d, and/or sixty-four-f of this article or of the premises sought to be licensed, regularly used to give ingress to students of the school, to the general public attending the place of worship, and to patrons or guests of the premises licensed and operating pursuant to this section and sections sixty-four, sixty- AB four-a, sixty-four-b, sixty-four-c, sixty-four-d and/or sixty-four-f of this article or of the premises sought to be licensed, except that where a school or house of worship or premises licensed and operating pursuant to this section and sections sixty-four, sixty-four-a, sixty-four-b, sixty-four-c, sixty-four-d, and/or sixty-four-f of this article or the premises sought to be licensed is set back from a public thoroughfare, the walkway or stairs leading to any such door shall be deemed an entrance; and the measurement shall be taken to the center of the walk.way or stairs at the point where it meets the building line or public thoroughfare. A door which has no exterior hardware, or which is used solely as an emergency or fire exit, or for maintenance purposes, or which leads directly to a part of a building not regularly used by the general public or patrons, is not deemed an “entrance”. (d-1) within the context of this subdivision, a building occupied as a place of worship does not cease to be “exclusively” occupied as a place of worship by incidental uses that are not of a nature to detract from the predominant character of the building as a place of worship, such uses which include, but which are not limited to: the conduct of legally authorized games of bingo or other games of chance held as a means of raising funds for the not-for-profit religious organization which conducts services at the place of worship or for other not-for-profit organizations or groups; use of the building for fund-raising perform.ances by or benefitting the not-for-profit religious organization which conducts services at the place of worship or other not-for-profit organ.izations or groups; the use of the building by other religious organiza.tions or groups for religious services or other purposes; the conduct of social activities by or for the benefit of the congregants; the use of the building for meetings held by organizations or groups providing bereavement counseling to persons having suffered the loss of a loved one, or providing advice or support for conditions or diseases includ.ing, but not limited to, alcoholism, drug addiction, cancer, cerebral palsy, Parkinson’s disease, or Alzheimer’s disease; the use of the building for blood drives, health screenings, health information meet.ings, yoga classes, exercise classes or other activities intended to promote the health of the congregants or other persons; and use of the building by non-congregant members of the community for private social functions. The building occupied as a place of worship does not cease to be “exclusively” occupied as a place of worship where the not-for-profit religious organization occupying the place of worship accepts the payment of funds to defray costs related to another party’s use of the building. 8. Any license issued pursuant to this section shall be subject to ______________________________________________________________________9 NYCRR §48.3. § 2. Subdivision 4 of section 66 of the alcoholic beverage control law, as amended by chapter 703 of the laws of 2022, is amended to read as follows: 4. The annual fee for a license, under section sixty-four [or],_ sixty-four-a, sixty-four-b, sixty-four-d, or sixty-four-g of this arti.cle, to sell liquor at retail to be consumed on the premises where sold shall be twenty-one hundred seventy-six dollars in the counties of New York, Kings, Bronx and Queens; fifteen hundred thirty-six dollars in the county of Richmond and in cities having a population of more than one hundred thousand and less than one million; twelve hundred sixteen dollars in cities having a population of more than fifty thousand and less than one hundred thousand; and the sum of eight hundred ninety-six dollars elsewhere; except that the license fees for catering establish- AB ments and off-premises catering establishments shall be two-thirds the license fee specified herein and for clubs, except luncheon clubs and golf clubs, shall be seven hundred fifty dollars in counties of New York, Kings, Bronx and Queens; five hundred dollars in the county of Richmond and in cities having a population of more than one hundred thousand and less than one million; three hundred fifty dollars in cities having a population of more than fifty thousand and less than one hundred thousand; and the sum of two hundred fifty dollars elsewhere. The annual fees for luncheon clubs shall be three hundred seventy-five dollars, and for golf clubs in the counties of New York, Kings, Bronx, Queens, Nassau, Richmond and Westchester, two hundred fifty dollars, and elsewhere one hundred eighty-seven dollars and fifty cents. Notwith.standing any other provision of law to the contrary, there shall be no annual fee for a license, under section sixty-four, to sell liquor at retail to be consumed on the premises where the applicant is an organ.ization organized under section two hundred sixty of the military law and incorporated pursuant to the not-for-profit corporation law. Provided, however, that where any premises for which a license is issued pursuant to section sixty-four [or],_ sixty-four-a,_________________or sixty-four-g of this article remain open only within the period commencing April first and ending October thirty-first of any one year, or only within the period commencing October first and ending the following April thirti.eth, the liquor authority may, in its discretion, grant a summer or winter license effective only for such appropriate period of time, for which a license fee shall be paid to be pro-rated for the period for which such license is effective, at the rate provided for in the city, town or village in which such premises are located, except that no such license fee shall be less than one-half of the regular annual license fee; provided further that where the premises to be licensed are a race track or a golf course or are licensed pursuant to section sixty-four or sixty-four-a of this article, the period of such summer license may commence March first and end November thirtieth. Where a hotel, restaurant, club, golf course or race track is open prior to April first and/or subsequent to October thirty-first by reason of the issuance of a caterer’s permit or permits issued by the authori.ty, such fact alone shall not affect the eligibility of the premises or the person owning or operating such hotel, restaurant, club, golf course or race track for a summer license. § 3. Section 67 of the alcoholic beverage control law, as amended by chapter 523 of the laws of 2023, is amended to read as follows: § 67. License fees, duration of licenses; fee for part of year. Effective April first, nineteen hundred eighty-three, licenses issued pursuant to sections sixty-one, sixty-two, sixty-three, sixty-four, sixty-four-a, sixty-four-b, sixty-four-c and sixty-four-e of this arti.cle shall be effective for three years at three times that annual fee, except that, in implementing the purposes of this section, the liquor authority shall schedule the commencement dates, duration and expiration dates thereof to provide for an equal cycle of license renewals issued under each such section through the course of the fiscal year. Effective December first, nineteen hundred ninety-eight, licenses issued pursuant to sections sixty-four, sixty-four-a [and],_ sixty-four-b,_______________sixty-four-d, sixty-four-f, and sixty-four-g of this article shall be for ______________________________ effective two years at two times that annual fee, except that, in implementing the purposes of this section, the liquor authority shall schedule the commencement dates, duration and expiration dates thereof to provide for an equal cycle of license renewals issued under each such section AB through the course of the fiscal year. Notwithstanding the foregoing, commencing on December first, nineteen hundred ninety-eight and conclud.ing on July thirty-first, two thousand two, a licensee issued a license pursuant to section sixty-four, sixty-four-a or sixty-four-b of this article may elect to remit the fee for such license in equal annual installments. Such installments shall be due on dates established by the liquor authority and the failure of a licensee to have remitted such annual installments after a due date shall be a violation of this chap.ter. For licenses issued for less than the three-year licensing period, the license fee shall be levied on a pro-rated basis. The entire license fee shall be due and payable at the time of application. The liquor authority may make such rules as shall be appropriate to carry out the purpose of this section. § 4. Subdivision 1 of section 110-a of the alcoholic beverage control law, as added by chapter 77 of the laws of 1999, is amended to read as follows: 1. Every person applying for a license to sell alcoholic beverages pursuant to subdivision four of section fifty-one, or section fifty-five, sixty-four, sixty-four-a, sixty-four-b,_____________ sixty-four-c, sixty-four-d, sixty-four-f, sixty-four-g, eighty-one or eighty-one-a of this chapter shall publish notice thereof pursuant to subdivision two of this section. § 5. Subdivision 1 of section 110-b of the alcoholic beverage control law, as amended by chapter 342 of the laws of 2025, is amended to read as follows: 1. Not more than two hundred seventy days before filing any of the following applications, an applicant shall notify the municipality in which the premises is located of such applicant’s intent to file such an application: (a) for a license issued pursuant to section fifty-five, fifty-five-a, sixty-four, sixty-four-a, sixty-four-b, sixty-four-c, sixty-four-d, sixty-four-f, sixty-four-g, eighty-one or eighty-one-a of this chapter; (b) for a renewal under section one hundred nine of this chapter of a license issued pursuant to section fifty-five, fifty-five-a, sixty-four, sixty-four-a, sixty-four-c, sixty-four-d, sixty-four-g, sixty-four-f, _____________ eighty-one or eighty-one-a of this chapter if the premises is located within the city of New York; (c) for approval of an alteration under section ninety-nine-d of this chapter if the premises is located within the city of New York and licensed pursuant to section fifty-five, fifty-five-a, sixty-four, sixty-four-a, sixty-four-c, sixty-four-f, sixty-four-g, sixty-four-d, _____________ eighty-one or eighty-one-a of this chapter; (d) for approval of a substantial corporate change under section nine.ty-nine-d of this chapter if the premises is located within the city of New York and licensed pursuant to section fifty-five, fifty-five-a, sixty-four, sixty-four-a, sixty-four-c, sixty-four-d, sixty-four-f, sixty-four-g, eighty-one or eighty-one-a of this chapter; or (e) for a temporary retail permit issued under paragraph (b) of subdi.vision one of section ninety-seven-a of this chapter where the estab.lishment is to be licensed pursuant to section fifty-five, fifty-five-a, sixty-four, sixty-four-a, sixty-four-b, sixty-four-c, sixty-four-d, sixty-four-f, sixty-four-g,_____________ eighty-one or eighty-one-a of this chapter located in a city with a population of one million or more people. If an applicant subject to this paragraph shall, after filing an application for a retail license and providing proper notice for such application pursuant to paragraph (a) of this subdivision, subsequently file an AB 1 application for a temporary retail permit pursuant to section ninety.2 seven-a of this chapter at the same premises, such applicant must file 3 additional notice pursuant to this paragraph; provided, however, such 4 notice will be effective at the later of its proper service under this section or thirty days from the date proper notice was served under 6 paragraph (a) of this subdivision for the license at the same premises. 7 § 6. This act shall take effect on the one hundred eightieth day after 8 it shall have become a law and shall apply to all applications received 9 by the authority on or after such effective date; provided, however, that if chapter 342 of the laws of 2025 shall not have taken effect on 11 or before such date then section five of this act shall take effect on 12 the same date and in the same manner as such chapter of the laws of 2025 13 takes effect. Effective immediately, the addition, amendment, and/or 14 repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed 16 on or before such effective date. 17 PART R 18 Section 1. Subdivisions 2 and 3 of section 17-212 of the election law, 19 as added by chapter 226 of the laws of 2022, are amended to read as follows: 21 2. (a) Any person, political committee, labor organization, corpo.22 ration, or other entity, whether acting under color of law or otherwise, 23 who________________________________________________________________________knowingly violates subdivision one of this section is guilty of a 24 class A misdemeanor. (b) Any attempt to commit an offense described in subdivision one of 26 this section, in accordance with the applicable provision of the penal 27 law, is a class B misdemeanor. 28 3.__ Standing. Any aggrieved persons, organization whose membership 29 includes aggrieved persons or members of a protected class, organization whose mission, in whole or in part, is to ensure voting access and such 31 mission would be hindered by a violation of this section, or the attor.32 ney general may file an action pursuant to this section in the supreme 33 court of the county in which the alleged violation of this section 34 occurred. [3.] 4. Remedies. (a) The provisions of article twenty and article one 36 hundred________________________________________________________________________five of the penal law, relating to criminal liability for 37 conduct of another and conspiracy, shall apply to prosecutions under 38 this section. 39 (b) Notwithstanding any other provision of law, the attorney general shall have concurrent jurisdiction with any district attorney in the 41 prosecution of any offenses under this section relating to deceptive 42 practices as well as any offenses arising out of such prosecution. 43 (c)___ Upon a finding of a violation of any provision of this section, 44 the court shall implement appropriate remedies that are tailored to remedy the violation, including but not limited to providing for addi.46 tional time to cast a ballot that may be counted in the election at 47 issue. Any party who shall violate any of the provisions of the forego.48 ing section or who shall aid the violation of any of said provisions 49 shall be liable to any prevailing plaintiff party for damages, including nominal damages for any violation, and compensatory or punitive damages 51 for any intentional violation. 52 § 2. Section 17-166 of the election law is amended to read as follows: 53 § 17-166. Penalty. Any person convicted of a misdemeanor under this 54 article shall for a first offense be punished by a_____________sentence of imprison- AB S. 9005 61 A. 10005 1 ment for not more than one year, or by a fine of not less than one 2 hundred dollars nor more than five hundred dollars, or by both such fine 3 and imprisonment, unless otherwise provided by law.__________________________________ Any person who, 4 having been convicted of a misdemeanor under this article, shall there. after be convicted of another misdemeanor under this article, shall be 6 guilty of a class E felony._______ For any subsequent conviction under this________________________________________ 7 article, such person shall be guilty of a class D felony._________________________________________________________ 8 § 3. This act shall take effect immediately. 9 PART S Section 1. Subdivision 5 of section 14-106 of the election law, as 11 added by section 1 of subpart B of part MM of chapter 58 of the laws of 12 2024 and paragraph (b) as amended by chapter 169 of the laws of 2024, is 13 amended to read as follows: 14 5. (a) For purposes of this subdivision: (i) “Materially deceptive media” means any image, video, audio, text, 16 or any technological representation of speech or conduct fully or 17 partially created or modified that: 18 (1) exhibits a high level of authenticity or convincing appearance 19 that is visually or audibly indistinguishable from reality to a reason. able person; 21 (2) depicts a scenario that did not actually occur or that has been 22 altered in a significant way from how [they] it actually occurred; and__ 23 (3) is created by or with software, machine learning, artificial 24 intelligence, or any other computer-generated or technological means, including adapting, modifying, manipulating, or altering a realistic 26 depiction. 27 (ii) “Information content provider” means any person or entity that is 28 responsible, in whole or in part, for the creation or development of 29 information provided through the Internet or any other interactive computer service. 31 (iii) “Provenance data” has the same meaning as defined in section______________________________________________________________________ 32 fifteen hundred thirty of the general business law except that for the________________________________________________________________________ 33 purposes of this section, to the extent it is technically feasible and________________________________________________________________________ 34 reasonable, “provenance data” shall include unique device, system, or________________________________________________________________________ service information that is reasonably capable of being associated with________________________________________________________________________ 36 a particular user who created or modified such digital content._______________________________________________________________ 37 (b) (i) A person, firm, association, corporation, campaign, committee, 38 or organization that distributes or publishes any political communi. 39 cation that was produced by or includes materially deceptive media and has actual knowledge that it is materially deceptive shall be required 41 to disclose this use. To the extent it is technically feasible and__________________________________________________ 42 reasonable, such materially deceptive media shall contain provenance________________________________________________________________________ 43 data._____ 44 (ii) (1) For visual media the disclosure shall be printed or typed in a legible font size easily readable by the average viewer that is no 46 smaller than other text appearing in the visual media and in the same 47 language used on the communication to read as follows: “This (image, 48 video, or audio) has been manipulated”. 49 (2) For communication that is auditory, such as radio or automated telephone calls, clearly speaking the statement at the beginning of the 51 audio, at the end of the audio, and, if the audio is greater than two 52 minutes in length, interspersed within the audio at intervals of not 53 greater than two minutes each and in the same language as the rest of 54 the audio used in the communication, and in a pitch that can be easily AB .
Part N Bill Text Part N – Extend Authorization for Temporary Retail Permits
PART N
42 Section 1. Section 5 of chapter 396 of the laws of 2010 amending the
43 alcoholic beverage control law relating to liquidator’s permits and
44 temporary retail permits, as amended by section 1 of part Q of chapter
45 55 of the laws of 2025, is amended to read as follows:
46 § 5. This act shall take effect on the sixtieth day after it shall
47 have become a law, provided that paragraph (b) of subdivision 1 of
48 section 97-a of the alcoholic beverage control law as added by section
49 two of this act shall expire and be deemed repealed October 12, [2026]
50 2027.
51 § 2. This act shall take effect immediately.
Part N Memorandu,m– Extend Authorization for Temporary Retail Permits
Part N – Extend Authorization for Temporary Retail Permits
Purpose:
This bill would extend the authority for the State Liquor Authority (SLA) to issue temporary permits to certain retail applicants while they await a full review of their license applications. This section is set to lapse on October 12, 2026. This bill would extend the lapse date to October 12, 2027. This section has been extended annually since 2011.
Summary of Provisions and Statement in Support:
This bill would extend the authority of the SLA to issue temporary permits to retail applicants by one year. The Authority’s ability to issue temporary permits while license applications await review provides a critical financial bridge for thousands of businesses per year, which are able to begin alcoholic beverage sales prior to the full review of their application.
Budget Implications:
Enactment of this bill is necessary to implement the FY 2027 Executive Budget as it would allow SLA to continue to issue temporary retail permits.
Effective Date:
This bill would take effect immediately
Part O Bill Text Section 1. This act enacts into law components of legislation relating 2 to alcoholic beverage control licenses.
S. 9005 32 A. 10005
1 Section 1. This act enacts into law components of legislation relating
2 to alcoholic beverage control licenses. Each component is wholly
3 contained within a Subpart identified as Subparts A through K. The
4 effective date for each particular provision contained within such
5 Subpart is set forth in the last section of such Subpart. Any provision
6 in any section contained within a Subpart, including the effective date
7 of the Subpart, which makes a reference to a section “of this act”, when
8 used in connection with that particular component, shall be deemed to
9 mean and refer to the corresponding section of the Subpart in which it
10 is found. Section three of this part sets forth the general effective
11 date of this act.
12 SUBPART A
13 Section 1. Subdivision 6 of section 97-a of the alcoholic beverage
14 control law, as added by chapter 396 of the laws of 2010, is amended to
15 read as follows:
16 6. The holder of a temporary retail permit shall [purchase alcoholic
17 beverages only by payment in currency or check for such alcoholic bever-
18 ages on or before the day such alcoholic beverages are delivered,
19 provided, however, that the holder of a temporary permit issued pursuant
20 to this section who also holds one or more retail licenses and is oper-
21 ating under such retail license or licenses in addition to the temporary
22 retail permit, and who is not delinquent under the provisions of section
23 one hundred one-aa of this chapter as to any retail license under which
24 he operates, may purchase alcoholic beverages on credit under the tempo-
25 rary permit] be_subject_to_sections_one_hundred_one-aa_and__one__hundred
26 one-aaa_of_this_chapter.
27 § 2. This act shall take effect immediately.
28 SUBPART B
29 Section 1. Paragraph (c) of subdivision 5 of section 107-a of the
30 alcoholic beverage control law, as added by chapter 354 of the laws of
31 2013, is amended to read as follows:
32 (c) No brand or trade name label, or any separate label on the front
33 or back of the container shall contain:
34 (i) any statement that is false or untrue in any particular manner;
35 (ii) any statement that is disparaging of a competitor’s product;
36 (iii) any statement, design, device or representation that is likely
37 to mislead the consumer; [or]
38 (iv) any statement or claim of health benefits to be derived from
39 consumption by the consumer[.];_or
40 (v)_any_statement,_design,_device,_or_representation_that_in_the_opin-
41 ion_of_the_authority_is_intended_to_appeal_to__children__and/or__persons
42 under_twenty-one_years_of_age.
43 § 2. This act shall take effect immediately.
44 SUBPART C
45 Section 1. Section 57-a of the alcoholic beverage control law, as
46 amended by chapter 523 of the laws of 2023, is amended to read as
47 follows:
48 § 57-a. Change in duration of licenses. The liquor authority is
49 authorized to change the periods during which the licenses authorized by
50 sections fifty-one, fifty-one-a, fifty-three, fifty-three-a, fifty-four,
fifty-four-a, fifty-five and fifty-five-a of__this__article shall be
2 effective and to establish the commencement dates, duration and expira-
3 tion dates thereof, provided that no such license shall be effective for
4 a period in excess of three years. When any change or changes are made
5 in the duration of any such license, the license fee shall be equal to
6 the annual license fee specified in this article multiplied by the
7 number of years for which such license is issued. The liquor authority
8 may make such rules as shall be appropriate to carry out the purpose of
9 this section.
10 § 2. This act shall take effect immediately.
11 SUBPART D
12 Section 1. Paragraph (a) of subdivision 2 of section 101-b of the
13 alcoholic beverage control law, as amended by chapter 669 of the laws of
14 1989, is amended to read as follows:
15 (a) to discriminate, directly or indirectly, in price, in discounts
16 for time of payment or in discounts on quantity of merchandise sold,
17 between one wholesaler and another wholesaler, or between one retailer
18 and another retailer purchasing liquor or wine bearing the same brand or
19 trade name and of like age and quality,_except__that__manufacturers__and
20 wholesalers__may__utilize__”channel__pricing”_by_filing_different_prices
21 and/or_quantity_discounts_for__on-premises__retailers__and__off-premises
22 retailers;
23 § 2. Section 101-b of the alcoholic beverage control law is amended by
24 adding a new subdivision 1-a to read as follows:
25 1-a.__”Channel__pricing”__is_allowed_for_manufacturers_and_wholesalers
26 when_determining_prices_for_sales_of_the__same__liquor__and/or__wine__to
27 retailers__in_different_channels._For_purposes_of_this_section,_manufac-
28 turers_and_wholesalers_can_utilize_different_prices_for_retail_licensees
29 who_hold:
30 (a)_an_on-premises_retail_license_issued_pursuant_to__sections__sixty-
31 four,__sixty-four-a,__sixty-four-b,__sixty-four-c,__sixty-four-d,_sixty-
32 four-e,_sixty-four-f_or_eighty-one_of_this_chapter;_or
33 (b)_an_off-premises_retail_license_issued_pursuant_to_sections__sixty-
34 three_or_seventy-nine_of_this_chapter.
35 § 3. Subdivision 7-a of section 3 of the alcoholic beverage control
36 law is amended by adding a new paragraph (c) to read as follows:
37 (c)_”Channel_pricing”_shall_mean_the_sale_of_liquor_or_wine_at_differ-
38 ent_prices_based_solely_upon_whether_the_retail_licensee_holds:
39 (i)_an_on-premises_retail_license;_or
40 (ii)_an_off-premises_retail_license.__If_a_manufacturer_or__wholesaler
41 employs__channel__pricing,__such_pricing_and_quantity_discounts_shall_be
42 made_equally_available_to_all_similarly_situated__on-premises__and__off-
43 premises_retail_licensees_within_the_same_calendar_month.__Retailers_who
44 own_multiple_licensed_premises_must_continue_to_ensure_that_all_alcohol-
45 ic__beverage__purchases__are__made__individually_by_each_retail_licensed
46 premises_except_for_retail-to-retail_purchases_made_pursuant_to_subdivi-
47 sion_two-b_of_section_one_hundred_six_of_this__chapter,__or__centralized
48 bookkeeping__authorized__purchases__pursuant__to__subdivision__twelve_of
49 section_one_hundred_six_of_this_chapter.
50 § 4. Paragraph (b) of subdivision 3 of paragraph 101-b of the alcohol-
51 ic beverage control law, as amended by section 1 of part E of chapter 56
52 of the laws of 2006, is amended to read as follows:
53 (b) No brand of liquor or wine shall be sold to or purchased by a
54 retailer unless a schedule, as provided by this section, is transmitted
1 to and received by the liquor authority, and is then in effect. Such
2 schedule shall be transmitted to the authority in such form, manner,
3 medium and format as the authority may direct; shall be deemed duly
4 verified by the person submitting such schedule upon its transmission to
5 the authority; and shall contain, with respect to each item, the exact
6 brand or trade name, capacity of package, nature of contents, age and
7 proof where stated on the label, the number of bottles contained in each
8 case, the bottle and case price to retailers, the net bottle and case
9 price paid by the seller, which prices, in each instance, shall be indi-
10 vidual for each item and not in “combination” with any other item, the
11 discounts for quantity, if any, and the discounts for time of payment,
12 if any,_except_that_mix_and_match_quantity_discounts_may_be_price_posted
13 to_liquor_and/or_wine_to_retailers_for_multiple_fanciful__names,__varie-
14 tals,_vintages,_years,_and/or_ages_of_liquor_and/or_wine_manufactured_by
15 the__same__manufacturer__and__featuring_the_same_brand_name_on_the_front
16 label_and_are_posted_at_the_same_front_line_case_or_bottle_price,_enabl-
17 ing_retailers_to_choose_from_multiple_cases_or_bottles_of_said__multiple
18 fanciful_names,_varietals,_vintages,_years,_and/or_ages_of_liquor_and/or
19 wine__featuring__the__same__brand_name_on_the_front_label_to_add_up_to_a
20 combined_quantity_discount_level_so_long_as_all__such__brand__items__are
21 price__posted__with__the__same_quantity_discount_level_available_in_that
22 given_month. Such brand of liquor or wine shall not be sold to retailers
23 except at the price and discounts then in effect unless prior written
24 permission of the authority is granted for good cause shown and for
25 reasons not inconsistent with the purpose of this chapter. Such schedule
26 shall be transmitted by each manufacturer selling such brand to retail-
27 ers and by each wholesaler selling such brand to retailers.
28 § 5. This act shall take effect on the one hundred eightieth day after
29 it shall have become a law and shall apply to all price postings
30 required to be filed on or after the effective date of this act. Effec-
31 tive immediately, the addition, amendment and/or repeal of any rule or
32 regulation necessary for the implementation of this act on its effective
33 date are authorized to be made and completed on or before such effective
34 date.
35 SUBPART E
36 Section 1. Subdivision 1 of section 102 of the alcoholic beverage
37 control law, as amended by chapter 242 of the laws of 1970, paragraphs
38 (a), (b) and (c) as amended and paragraph (d) as relettered by chapter
39 210 of the laws of 2005, is amended to read as follows:
40 1. (a) Except as provided in [section] sections_thirty-five,_fifty-
41 nine-b,_sixty-eight, seventy-nine-c,_ninety-four_or_ninety-six of this
42 chapter, no alcoholic beverages shall be shipped into the state unless
43 the same shall be consigned to a person duly licensed hereunder to traf-
44 fic in alcoholic beverages. This prohibition shall apply to all ship-
45 ments of alcoholic beverages into New York state and includes importa-
46 tion or distribution for commercial purposes, for personal use, or
47 otherwise, and irrespective of whether such alcoholic beverages were
48 purchased within or without the state, provided, however, this prohibi-
49 tion shall not apply to any shipment consigned to a New York resident
50 who has personally purchased alcoholic beverages for [his] personal use
51 while outside the United States for a minimum period of forty-eight
52 consecutive hours and which [he] such_person has shipped as consignor to
53 [himself] themself as consignee. Purchases made outside the United
54 States by persons other than the purchaser [himself] themself, regard-
S. 9005 35 A. 10005
1 less whether made as [his] such__person’s agent, or by [his] their
2 authorization or on [his] their behalf, are deemed not to have been
3 personally purchased within the meaning of this paragraph. Violations_of
4 this_subdivision_are_punishable_as_a_class_E_felony.
5 (b) Except as provided in [section] sections__thirty-five,
6 fifty-nine-b,_sixty-eight, seventy-nine-c,_ninety-four_or_ninety-six of
7 this chapter, no common carrier or other person shall bring or carry
8 into the state any alcoholic beverages, unless the same shall be
9 consigned to a person duly licensed hereunder to traffic in alcoholic
10 beverages, provided, however, that alcoholic beverages may be delivered
11 by a trucking permittee from a steamship or railroad station or terminal
12 to a New York resident who has personally purchased alcoholic beverages
13 for [his] personal use while outside the United States for a minimum
14 period of forty-eight consecutive hours, and which [he] such_person has
15 shipped as consignor to [himself] themself as consignee, and except as
16 so stated, no trucking permittee shall accept for delivery, deliver or
17 transport from a steamship or railroad station or terminal any shipment
18 of alcoholic beverages consigned to a non-licensed person having [his]
19 their home or business in New York state. Purchases of alcoholic bever-
20 ages made outside the United States by persons other than the purchaser
21 [himself] themself, regardless whether made as [his] their agent, or by
22 [his] their authorization or on [his] their behalf, are deemed not to
23 have been personally purchased within the meaning of this paragraph.
24 (c) Paragraphs (a) and (b) of this subdivision shall apply to alcohol-
25 ic beverages, either in the original package or otherwise, whether
26 intended for commercial or personal use, as well as otherwise, and to
27 foreign, interstate, as well as intrastate, shipments or carriage, irre-
28 spective of whether such alcoholic beverages were purchased within or
29 without the state.
30 (d) Nothing in this chapter shall be deemed to exempt from taxation
31 the sale or use of any alcoholic beverages subject to any tax imposed
32 under or pursuant to the authority of the tax law or to grant any other
33 exemption from the provisions of such law.
34 § 2. Section 94 of the alcoholic beverage control law is amended by
35 adding six new subdivisions 4, 5, 6, 7, 8 and 9 to read as follows:
36 4._No_trucking_permittee_shall_make_deliveries_of_alcoholic__beverages
37 to__a__non-licensed__person__in_New_York_state_except_as_provided_for_in
38 sections_thirty-five,__thirty-six,__fifty-nine-b,__fifty-nine-c,__sixty-
39 eight,__sixty-nine,_seventy-nine-c,_seventy-nine-d_or_ninety-six_of_this
40 chapter,_or_on_behalf_of_a_retail_licensee__licensed__pursuant__to__this
41 chapter.
42 5.__No_trucking_permittee_shall_make_deliveries_of_alcoholic_beverages
43 to_a_non-licensed_person_unless_the_driver_and/or_delivery__staff__shall
44 have__successfully__completed__alcohol__training__and__awareness_program
45 (ATAP)_training_and_hold_a_valid_certificate_issued_by_an_approved__ATAP
46 school__pursuant__to_subdivision_twelve_of_section_seventeen_or_subdivi-
47 sion_ten_of_section_eighteen_of_this_chapter.
48 6._Trucking_permittees_shall_in_connection_with_the_acceptance_of__any
49 order__for_a_delivery_of_alcoholic_beverages_to_a_non-licensed_person_in
50 New_York:
51 (a)_require_the__non-licensed_person_to_represent___that____they__have
52 attained__the__age_of_twenty-one_years_or_more_by_providing_a_valid_form
53 of_photographic_identification_authorized__by__section__sixty-five-b__of
54 this_chapter;_and
(b)__require__the__non-licensed__person_to_sign_an_electronic_or_paper
2 form_or__other_acknowledgement_of_receipt_as_approved_by_the__authority;
3 and
4 (c)__certify__that_the_alcoholic_beverages_being_purchased_will_not_be
5 resold__or__introduced_back_into_the_stream_of_commerce;_and
6 (d)_refuse_delivery_when_the_proposed_recipient_appears__to__be__under
7 twenty-one__years__of_age_and/or_refuses_to_present_valid_identification
8 as_required_by_subparagraph_(a)_of_this_paragraph.
9 7._Trucking_permittees_shall_report_twice_annually_to_the_authority_in
10 such_manner_and_form_as_the_authority_may_direct,_the__total__amount__of
11 alcoholic__beverages__shipped_to_non-licensed_persons_in_New_York_during
12 the_reporting_period,__the__names__and__addresses__of__the__non-licensed
13 persons_to_whom_the_alcoholic_beverages_were_shipped,_the_date_of_deliv-
14 ery,____the__name_and_license_number_of_the_licensee_on_whose_behalf_the
15 alcoholic_beverages_were_delivered,_and_the_quantity_and_value__of__each
16 shipment.
17 8.__The__authority__and__the_department_of_taxation_and___finance__may
18 promulgate__rules__and__regulations_necessary_to_effectuate_the_purposes
19 of_this_section.
20 9._The_authority_may_enforce__the__requirements__of__this__section__by
21 administrative__proceedings__to_suspend_or_revoke__a_trucking_permit_and
22 the_authority_may_accept_payment_of_an_administrative_fine__in__lieu__of
23 suspension.__In__addition,__the_authority_or_the_attorney_general_of_the
24 state_of_New_York_shall_report_violations_of_this_section,_where__appro-
25 priate,__to__the__department__of__taxation__and__finance,_to_other_state
26 licensing_authorities,_and/or_the_United__States__department__of__treas-
27 ury,____tax__and__trade__bureau,_for_administrative_action_to_suspend_or
28 revoke_the_federal_basic_permit.
29 § 3. Section 96 of the alcoholic beverage control law is amended by
30 adding three new subdivisions 4, 5 and 6 to read as follows:
31 4.__Any__person__holding__a__valid__warehouse__permit_pursuant_to_this
32 section_may_apply_to_the_authority_for_an_additional_permit__to__operate
33 as_a_fulfillment_warehouse.__The_fulfillment_warehouse_permit_holder_may
34 package_and_ship_alcoholic_beverages_sold_by_licensed_New_York_retailers
35 and/or_New_York_manufacturers_and/or_direct_shipper_licensees_to_non-li-
36 censed__persons__within__this_state._The_fee_for_a_fulfillment_warehouse
37 permit_shall_be_two_thousand_one_hundred_dollars_for_three_years.
38 (a)_Fulfillment_warehouses_shall_report_twice_annually_to_the_New_York
39 State_liquor_authority_in_such_manner_and__form__as__the__authority__may
40 direct:
41 (i)__a_current_list_of_all_licensed_retailers,_licensed_manufacturers,
42 licensed_wholesalers,_and_direct_shipper_licensees_on_whose__behalf__the
43 fulfillment__warehouse_ships_or_allows_to_be_shipped_alcoholic_beverages
44 to_non-licensed_persons_in_this_state;_and
45 (ii)_the_total_gallons_of_each_type_of_alcoholic_beverages_shipped__to
46 non-licensed_persons_from_the_fulfillment_warehouse_during_the_reporting
47 period,__categorized__in__accordance_with_the_state’s_tax_classification
48 for_alcoholic_beverages;_and
49 (iii)_the_name,_business_address,_and_license_number_of_each__licensed
50 retailer__and__direct__shipper_on_whose_behalf_the_fulfillment_warehouse
51 packages_or_ships_or_allows_to_be_shipped_alcoholic_beverages_to_non-li-
52 censed_persons_in_this_state,_with_each_licensee’s__name__stated__as__it
53 appears_on_the_retailer’s_or_direct_shipper’s_license;_and
54 (iv)__the__names_and_addresses_of_the_non-licensed_persons_to_whom_the
55 alcoholic_beverages_were_shipped,_the_date_of__delivery,__the__name__and
56 license__number__of__the__retailer__or__direct_shipper_licensee_on_whose
S. 9005 37 A. 10005
1 behalf_the_alcoholic_beverages_were__delivered,__and__the__quantity__and
2 value_of_each_shipment.
3 (b)__A_fulfillment_warehouse_may_ship_alcoholic_beverages_to_a_non-li-
4 censed_person_within_this_state_only_if_the_package_containing_the_alco-
5 holic_beverages_is_conspicuously_labeled_with_the_words_”CONTAINS__ALCO-
6 HOLIC__BEVERAGES__-__SIGNATURE__OF__PERSON__AGE_21_OR_OLDER_REQUIRED_FOR
7 DELIVERY_-_NOT_FOR_RESALE”,_or_with_other_language_specifically_approved
8 by_the_New_York_State_liquor_authority,_and__clearly__indicates__on__the
9 shipping_label_the_name_and_address_of_the_fulfillment_warehouse_as_well
10 as__the_name_and_address_of_the_non-licensed_person_within_this_state_as
11 the_intended_recipient;_and_the_name_and_license_number_of_the__licensed
12 retailer_or_direct_shipper_licensee_that_provided_the_alcoholic_beverag-
13 es__to__the__fulfillment_warehouse;_and_the_shipment_is_authorized_under
14 this_chapter.
15 5._The_authority_and_the_department_of_taxation__and____finance____may
16 promulgate___rules___and__regulations_to_effectuate_the_purposes_of_this
17 section.
18 6._The_authority_may_enforce_the__requirements__of__this__section,__by
19 administrative__proceedings__to__suspend_or_revoke_a_warehouse_permit_or
20 fulfillment_warehouse_permit_and_the_authority_may_accept_payment_of__an
21 administrative_fine_in_lieu_of_suspension._In_addition,_the_authority_or
22 the_attorney_general_of_the_state_of_New_York_shall_report_violations_of
23 this__section,__where_appropriate,_to___the_New_York_State_department_of
24 taxation_and_finance,_to_other_state_licensing_authorities,__and/or__the
25 United____States___department___of_treasury,___tax_and_trade_bureau,_for
26 administrative_action_to_suspend_or_revoke_the_federal_basic_permit.
27 § 4. Paragraph (d) of subdivision 3 of section 35 of the alcoholic
28 beverage control law, as added by chapter 226 of the laws of 2024, is
29 amended to read as follows:
30 (d) shall [maintain records] report_twice_annually__to__the__New__York
31 State__liquor__authority in such manner and form as the authority may
32 direct, showing the total amount of mead and/or braggot shipped into the
33 state each calendar year; the names and addresses of the purchasers to
34 whom the mead and/or braggot was shipped, the date purchased, the name
35 of the common carrier used to deliver the mead and/or braggot, and the
36 quantity and value of each shipment;
37 § 5. Paragraph (d) of subdivision 3 of section 59-b of the alcoholic
38 beverage control law, as added by chapter 226 of the laws of 2024, is
39 amended to read as follows:
40 (d) shall [maintain records] report_twice_annually_to_the_New_York
41 State_liquor_authority in such manner and form as the authority may
42 direct, showing the total amount of cider shipped into the state each
43 calendar year; the names and addresses of the purchasers to whom the
44 cider was shipped, the date purchased, the name of the common carrier
45 used to deliver the cider, and the quantity and value of each shipment;
46 § 6. Paragraph (d) of subdivision 3 of section 68 of the alcoholic
47 beverage control law, as added by chapter 226 of the laws of 2024, is
48 amended to read as follows:
49 (d) shall [maintain records] report_twice_annually__to__the__New__York
50 State__liquor__authority in such manner and form as the authority may
51 direct, showing the total amount of liquor shipped into the state each
52 calendar year; the names and addresses of the purchasers to whom the
53 liquor was shipped, the date purchased, the name of the common carrier
54 used to deliver the liquor, and the quantity and value of each shipment;
S. 9005 38 A. 10005
1 § 7. Paragraph (d) of subdivision 3 of section 79-c of the alcoholic
2 beverage control law, as amended by chapter 226 of the laws of 2024, is
3 amended to read as follows:
4 (d) shall [maintain records] report_twice_annually_to_the_New_York
5 State_liquor_authority in such manner and form as the authority may
6 direct, showing the total amount of wine shipped into the state each
7 calendar year; the names and addresses of the purchasers to whom the
8 wine was shipped, the date purchased, the name of the common carrier
9 used to deliver the wine, and the quantity and value of each shipment;
10 § 8. This act shall take effect on the one hundred eightieth day after
11 it shall have become a law.
12 SUBPART F
13 Section 1. Section 5 of part CC of chapter 55 of the laws of 2024
14 amending the alcoholic beverage control law, relating to alcohol in
15 certain motion picture theatres, is amended to read as follows:
16 § 5. This act shall take effect immediately [and shall expire and be
17 deemed repealed 3 years after such date].
18 § 2. This act shall take effect immediately.
19 SUBPART G
20 Section 1. Subdivision 9 of section 106 of the alcoholic beverage
21 control law is REPEALED.
22 § 2. This act shall take effect immediately.
23 SUBPART H
24 Section 1. Subdivision 6 of section 64-a of the alcoholic beverage
25 control law, as amended by section 2 of part CC of chapter 55 of the
26 laws of 2024, is amended to read as follows:
27 6. No special on-premises license shall be granted except for premises
28 in which the principal business shall be (a) the sale of food or bever-
29 ages at retail for consumption on the premises [or], (b) the operation
30 of a legitimate theatre, including a motion picture theatre that is a
31 building or facility which is regularly used and kept open primarily for
32 the exhibition of motion pictures for at least five out of seven days a
33 week, or on a regular seasonal basis of no less than six contiguous
34 weeks, to the general public where all auditorium seating is permanently
35 affixed to the floor and at least sixty-five percent of the motion
36 picture theatre’s annual gross revenues is the combined result of admis-
37 sion revenue for the showing of motion pictures and the sale of food and
38 non-alcoholic beverages, (c)__a__bona-fide_hotel, or such other lawful
39 adult entertainment or recreational facility as the liquor authority,
40 giving due regard to the convenience of the public and the strict avoid-
41 ance of sales prohibited by this chapter, shall by regulation classify
42 for eligibility.
43 § 2. This act shall take effect on the one hundred eightieth day
44 after it shall have become a law. Effective immediately, the addition,
45 amendment and/or repeal of any rule or regulation necessary for the
46 implementation of this act on its effective date are authorized to be
47 made and completed on or before such effective date.
48 SUBPART I
S. 9005 39 A. 10005
1 Section 1. Section 51 of the alcoholic beverage control law is amended
2 by adding a new subdivision 5-b to read as follows:
3 5-b._(a)_A_brewer_licensed_pursuant_to_this_section_that_qualifies_for
4 the_micro-brewery_fee_pursuant_to_section_fifty-six_of_this_article_may,
5 at__the__licensed_premises,_sell_at_retail_for_consumption_on_or_off_the
6 licensed_premises:
7 (i)_beer_manufactured_by_the_licensee;
8 (ii)_New_York_state_labeled_beer,_wine,_cider,_spirits_and_mead__manu-
9 factured__by__a__person__licensed_to_manufacture_such_product_under_this
10 chapter.
11 (b)_A_micro-brewery_licensee_may_conduct_tastings_of_alcoholic__bever-
12 ages__and__sell__alcoholic_beverages_at_retail_for_consumption_on_or_off
13 the_licensed_premises_pursuant_to_this_subdivision;__provided,__however,
14 that__for__tastings__and_sales_for_on-premises_consumption,_the_licensee
15 shall_regularly_keep_food_available_for_sale_or_service__to__its__retail
16 customers__for__consumption__on__the__premises._A_licensee_providing_the
17 following_shall_be_deemed_in_compliance_with_this_provision:__(i)__sand-
18 wiches,__soups_or_other_such_foods,_whether_fresh,_processed,_pre-cooked
19 or_frozen;_and/or_(ii)_food_items_intended_to_complement_the_tasting__of
20 alcoholic__beverages,__which__shall_mean_a_diversified_selection_of_food
21 that_is_ordinarily_consumed_without_the_use__of__tableware__and__can__be
22 conveniently__consumed__while__standing__or__walking,__including_but_not
23 limited_to:_cheeses,_fruits,_vegetables,__chocolates,__breads,__mustards
24 and_crackers.
25 (c)__A_micro-brewery_licensee_may_sell_beer_manufactured_by_the_licen-
26 see_or_any_other_brewer_licensed_pursuant_to_this_chapter_at_retail__for
27 consumption__off__the__premises__at_the_state_fair,_at_recognized_county
28 fairs_and_at_farmers_markets_operated_on_a_not-for-profit_basis,_subject
29 to_such_rules_and_regulations_as_the_authority_may_prescribe.
30 (d)_A_micro-brewery_license_shall__authorize__the__holder__thereof__to
31 manufacture,__bottle__and__sell__food__condiments__and__products_such_as
32 mustards,_sauces,_hop_seasonings,_beer_nuts,_and__other__hops__and__beer
33 related__foods_in_addition_to_beer_and_to_store_and_sell_gift_items_in_a
34 tax-paid_room_upon_the_licensed_premises_incidental_to_the_sale_of_beer.
35 Such_gift_items_shall_be_limited_to_the_categories_authorized_for_a_farm
36 brewery_pursuant_to_subdivision_seven_of__section__fifty-one-a__of__this
37 chapter.
38 (e)_The_holder_of_a_license_authorized_by_this_subdivision_may_operate
39 up__to_five_branch_offices_located_away_from_the_licensed_premises._Such
40 locations_shall_be_considered_part_of__the__licensed__premises__and__all
41 activities__allowed_at_and_limited_to_the_micro-brewery_may_be_conducted
42 at_the_branch_offices._Such_branch_offices_shall_not_be_located__within,
43 share__a__common__entrance_and_exit_with,_or_have_any_interior_access_to
44 any_other_business,_including_premises_licensed_to_sell_alcoholic_bever-
45 ages_at_retail._Prior_to_commencing_operation_of_any_such_branch_office,
46 the_licensee_shall_notify_the_authority_of_the_location_of__such__branch
47 office_and_the_authority_may_issue_a_permit_for_the_operation_of_same.
48 § 2. Subdivision 1-a of section 61 of the alcoholic beverage control
49 law, as amended by chapter 431 of the laws of 2014, is amended to read
50 as follows:
51 1-a. (a) A class A-1 distiller’s license shall authorize the holder
52 thereof to operate a distillery which has a production capacity of no
53 more than seventy-five thousand gallons per year for the manufacture of
54 liquors by distillation or redistillation at the premises specifically
55 designated in the license. Such a license shall also authorize the sale
56 in bulk by such licensee from the licensed premises of the products
S. 9005 40 A. 10005
1 manufactured under such license to any person holding a winery license,
2 farm winery license, distiller’s class A license, a distiller’s class B
3 license or a permittee engaged in the manufacture of products which are
4 unfit for beverage use. It shall also authorize the sale from the
5 licensed premises and from one other location in the state of New York
6 of liquors manufactured by such licensee to a wholesale or retail liquor
7 licensee or permittee in sealed containers of not more than one quart
8 each. In addition, it shall authorize such licensee to sell from the
9 licensed premises New York state labelled liquors to licensed farm
10 wineries, farm breweries, farm distilleries and farm cideries in sealed
11 containers of not more than one quart for retail sale for off-premises
12 consumption. Such license shall also include the privilege to operate a
13 rectifying plant under the same terms and conditions as the holder of a
14 class B-1 distiller’s license without the payment of any additional fee.
15 (b)_A_distiller_licensed_pursuant_to_this_subdivision__that__qualifies
16 for_the_micro-distillery_fee_pursuant_to_section_sixty-six_of_this_arti-
17 cle__may,_at_the_licensed_premises,_sell_at_retail_for_consumption_on_or
18 off_the_licensed_premises:
19 (i)_liquor_manufactured_by_the_licensee;
20 (ii)_New_York_state_labeled_beer,_wine,_cider,_spirits_and_mead__manu-
21 factured__by__a__person__licensed_to_manufacture_such_product_under_this
22 chapter.
23 (c)_A_micro-distillery_licensee__may__conduct__tastings__of__alcoholic
24 beverages__and__sell_alcoholic_beverages_at_retail_for_consumption_on_or
25 off_the_licensed_premises_pursuant_to_this_subdivision;_provided,_howev-
26 er,_that_for_tastings_and_sales_for_on-premises_consumption,_the__licen-
27 see__shall__regularly__keep__food__available__for_sale_or_service_to_its
28 retail_customers_for_consumption_on_the_premises.__A_licensee__providing
29 the__following__shall__be__deemed_in_compliance_with_this_provision:_(i)
30 sandwiches,_soups_or_other_such_foods,_whether__fresh,__processed,__pre-
31 cooked__or__frozen;__and/or__(ii)__food_items_intended_to_complement_the
32 tasting_of_alcoholic_beverages,_which_shall_mean_a_diversified_selection
33 of_food_that_is_ordinarily_consumed_without_the_use_of_tableware_and_can
34 be_conveniently_consumed_while_standing_or_walking,__including__but__not
35 limited__to:__cheeses,__fruits,_vegetables,_chocolates,_breads,_mustards
36 and_crackers.
37 (d)_A_micro-distillery_licensee_may_sell_liquor__manufactured__by__the
38 licensee__or__any__other__distiller_licensed_pursuant_to_this_chapter_at
39 retail_for_consumption_off_the_premises_at_the_state_fair,_at_recognized
40 county_fairs_and_at_farmers_markets_operated_on_a_not-for-profit__basis,
41 subject_to_such_rules_and_regulations_as_the_authority_may_prescribe.
42 (e)__A__micro-distillery_license_shall_authorize_the_holder_thereof_to
43 manufacture,_bottle_and_sell_food_condiments_and_products_such_as__nuts,
44 popcorn,__mulling__spices__and_other_spirits_related_food_in_addition_to
45 other_such_food_and_crafts_on__and__from__the__licensed__premises.__Such
46 license__shall_authorize_the_holder_thereof_to_store_and_sell_gift_items
47 in_a_tax-paid_room_upon_the_licensed_premises_incidental_to_the_sale__of
48 liquor._These_gift_items_shall_be_limited_to_the_following_categories:
49 (i)__non-alcoholic__beverages__for__consumption__on__or__off_premises,
50 including_but_not_limited_to_bottled_water,_juice_and_soda_beverages;
51 (ii)_food_items_for_the__purpose__of__complementing__liquor__tastings,
52 which__shall__mean__a__diversified__selection_of_food_that_is_ordinarily
53 consumed_without_the_use_of_tableware_and_can_be__conveniently__consumed
54 while__standing__or__walking.__Such__food_items_shall_include_but_not_be
55 limited_to:_cheeses,_fruits,_vegetables,__chocolates,__breads,__mustards
56 and_crackers;
S. 9005 41 A. 10005
1 (iii)__food__items,_which_shall_include_locally_produced_farm_products
2 and_any_food_or_food_product_not__specifically__prepared__for__immediate
3 consumption__upon__the__premises._Such_food_items_may_be_combined_into_a
4 package_containing_liquor_related_products;
5 (iv)__liquor__supplies__and__accessories,_which_shall_include_any_item
6 utilized_for_the_storage,_serving_or_consumption_of_liquor_or_for__deco-
7 rative__purposes.__These__supplies_may_be_sold_as_single_items_or_may_be
8 combined_into_a_package_containing_liquor;
9 (v)_liquor-making_equipment_and_supplies_including,__but__not__limited
10 to,__filters,_bottling_equipment,_and_books_or_other_written_material_to
11 assist_spirits_makers_to_produce_and_bottle_liquor;_and
12 (vi)_souvenir_items,_which__shall__include,__but__not__be__limited__to
13 artwork,__crafts,_clothing,_agricultural_products_and_any_other_articles
14 which_can_be_construed_to_propagate_tourism_within_the_region.
15 (vii)_Notwithstanding_any_provision_of_law_to__the__contrary,__another
16 business__or__other__businesses__may__operate__on__the_licensed_premises
17 subject_to_such_rules__and__regulations__as__the__liquor__authority__may
18 prescribe.__Such__rules_and_regulations_shall_determine_which_businesses
19 will_be_compatible_with_the_policy_and__purposes__of__this__chapter__and
20 shall__consider_the_effect_of_particular_businesses_on_the_community_and
21 area_in_the_vicinity_of_the_micro-distillery_premises,_provided__however
22 that__a__retailer__business__licensed__under__this__chapter_shall_not_be
23 permitted_to_operate_at_a_licensed_manufacturing_premises.
24 (f)_The_holder_of_a_license_authorized_by_this_subdivision_may_operate
25 up_to_five_branch_offices_located_away_from_the_licensed_premises.__Such
26 locations__shall__be__considered__part__of_the_licensed_premises_and_all
27 activities_allowed__at__and__limited__to__the__micro-distillery__may__be
28 conducted__at__the__branch__offices.__Such__branch__offices_shall_not_be
29 located_within,_share_a_common_entrance_and_exit_with,_or_have_any_inte-
30 rior_access_to_any_other_business,_including_premises_licensed__to__sell
31 alcoholic_beverages_at_retail._Prior_to_commencing_operation_of_any_such
32 branch__office,__the_licensee_shall_notify_the_authority_of_the_location
33 of_such_branch_office_and_the_authority_may_issue_a_permit_for_the_oper-
34 ation_of_same.
35 § 3. Subdivision 2-b of section 61 of the alcoholic beverage control
36 law, as amended by chapter 431 of the laws of 2014, is amended to read
37 as follows:
38 2-b. (a) A class B-1 distiller’s license shall authorize the holder
39 thereof to operate a rectifying plant which has a production capacity of
40 no more than seventy-five thousand gallons per year for the manufacture
41 of the products of rectification by purifying or combining alcohol,
42 spirits, wine, or beer and the manufacture of cordials by the redistil-
43 lation of alcohol or spirits over or with any materials. Such a license
44 shall also authorize the holder thereof to blend, reduce proof and
45 bottle on [his] licensed premises or in a United States customs bonded
46 warehouse for which a warehouse permit has been issued under this chap-
47 ter for wholesale liquor licensees or for persons authorized to sell
48 liquor at wholesale pursuant to the laws and regulation of any other
49 state, territorial possession of the United States or foreign country
50 liquor received in bulk by such wholesalers from other states, territo-
51 rial possessions of the United States or a foreign country, and to
52 rebottle or recondition for wholesale liquor or wine licensees or for
53 persons authorized to sell liquor or wine at wholesale pursuant to the
54 laws and regulations of any other state, territorial possession of the
55 United States or foreign country, liquor or wine manufactured outside
56 the state, which was purchased and received by such wholesalers in
S. 9005 42 A. 10005
1 sealed containers not exceeding one quart each of liquor or fifteen
2 gallons each of wine. Such a license shall also authorize the sale from
3 the licensed premises of the products manufactured by such licensee to a
4 wholesale or retail licensee in sealed containers of not more than one
5 quart each. In addition, it shall authorize such licensee to sell from
6 the licensed premises New York state labelled liquors to a farm winery
7 licensee in sealed containers of not more than one quart for retail sale
8 for off-premises consumption.
9 (b)_A_distiller_licensed_pursuant_to_this_subdivision__that__qualifies
10 for__the_micro-rectifier_fee_pursuant_to_section_sixty-six_of_this_arti-
11 cle_may,_at_the_licensed_premises,_sell_at_retail_for_consumption_on__or
12 off_the_licensed_premises:
13 (i)_liquor_manufactured_by_the_licensee;
14 (ii)__New_York_state_labeled_beer,_wine,_cider,_spirits_and_mead_manu-
15 factured_by_a_person_licensed_to_manufacture__such__product__under__this
16 chapter.
17 (c)__A__micro-rectifier__licensee__may__conduct__tastings_of_alcoholic
18 beverages_and_sell_alcoholic_beverages_at_retail_for_consumption__on__or
19 off_the_licensed_premises_pursuant_to_this_subdivision;_provided,_howev-
20 er,__that_for_tastings_and_sales_for_on-premises_consumption,_the_licen-
21 see_shall_regularly_keep_food_available__for__sale__or__service__to__its
22 retail__customers__for_consumption_on_the_premises._A_licensee_providing
23 the_following_shall_be_deemed_in_compliance__with__this__provision:__(i)
24 sandwiches,__soups__or__other_such_foods,_whether_fresh,_processed,_pre-
25 cooked_or_frozen;_and/or_(ii)_food__items__intended__to__complement__the
26 tasting_of_alcoholic_beverages,_which_shall_mean_a_diversified_selection
27 of_food_that_is_ordinarily_consumed_without_the_use_of_tableware_and_can
28 be__conveniently__consumed__while_standing_or_walking,_including_but_not
29 limited_to:_cheeses,_fruits,_vegetables,__chocolates,__breads,__mustards
30 and_crackers.
31 (d)__A__micro-rectifier__licensee__may_sell_liquor_manufactured_by_the
32 licensee_or_any_other_distiller_licensed_pursuant__to__this__chapter__at
33 retail_for_consumption_off_the_premises_at_the_state_fair,_at_recognized
34 county__fairs_and_at_farmers_markets_operated_on_a_not-for-profit_basis,
35 subject_to_such_rules_and_regulations_as_the_authority_may_prescribe.
36 (e)_A_micro-rectifier_license_shall_authorize_the__holder__thereof__to
37 manufacture,__bottle_and_sell_food_condiments_and_products_such_as_nuts,
38 popcorn,_mulling_spices_and_other_spirits_related_food__in__addition__to
39 other__such__food__and__crafts__on__and_from_the_licensed_premises._Such
40 license_shall_authorize_the_holder_thereof_to_store_and_sell_gift__items
41 in__a_tax-paid_room_upon_the_licensed_premises_incidental_to_the_sale_of
42 liquor._These_gift_items_shall_be_limited_to_the_following_categories:
43 (i)_non-alcoholic__beverages__for__consumption__on__or__off__premises,
44 including_but_not_limited_to_bottled_water,_juice_and_soda_beverages;
45 (ii)__food__items__for__the__purpose_of_complementing_liquor_tastings,
46 which_shall_mean_a_diversified_selection__of__food__that__is__ordinarily
47 consumed__without__the_use_of_tableware_and_can_be_conveniently_consumed
48 while_standing_or_walking._Such_food_items__shall__include__but__not__be
49 limited__to:__cheeses,__fruits,_vegetables,_chocolates,_breads,_mustards
50 and_crackers;
51 (iii)_food_items,_which_shall_include_locally_produced__farm__products
52 and__any__food__or__food_product_not_specifically_prepared_for_immediate
53 consumption_upon_the_premises._Such_food_items_may_be__combined__into__a
54 package_containing_liquor_related_products;
55 (iv)__liquor__supplies__and__accessories,_which_shall_include_any_item
56 utilized_for_the_storage,_serving_or_consumption_of_liquor_or_for__deco-
S. 9005 43 A. 10005
1 rative__purposes.__These__supplies_may_be_sold_as_single_items_or_may_be
2 combined_into_a_package_containing_liquor;
3 (v)__liquor-making__equipment__and_supplies_including,_but_not_limited
4 to,_filters,_bottling_equipment,_and_books_or_other_written_material__to
5 assist_spirits_makers_to_produce_and_bottle_liquor;_and
6 (vi)__souvenir__items,__which__shall__include,__but__not_be_limited_to
7 artwork,_crafts,_clothing,_agricultural_products_and_any_other__articles
8 which_can_be_construed_to_propagate_tourism_within_the_region.
9 (vii)__Notwithstanding__any__provision_of_law_to_the_contrary,_another
10 business_or_other__businesses__may__operate__on__the__licensed__premises
11 subject__to__such__rules__and__regulations__as__the_liquor_authority_may
12 prescribe._Such_rules_and_regulations_shall_determine__which__businesses
13 will__be__compatible__with__the__policy_and_purposes_of_this_chapter_and
14 shall_consider_the_effect_of_particular_businesses_on_the_community__and
15 area__in_the_vicinity_of_the_micro_distillery_premises,_provided_however
16 that_a_retailer_business__licensed__under__this__chapter__shall__not__be
17 permitted_to_operate_at_a_licensed_manufacturing_premises.
18 (f)_The_holder_of_a_license_authorized_by_this_subdivision_may_operate
19 up__to_five_branch_offices_located_away_from_the_licensed_premises._Such
20 locations_shall_be_considered_part_of__the__licensed__premises__and__all
21 activities__allowed__at__and__limited__to__the__micro-distillery__may_be
22 conducted_at_the_branch__offices.__Such__branch__offices__shall__not__be
23 located_within,_share_a_common_entrance_and_exit_with,_or_have_any_inte-
24 rior__access__to_any_other_business,_including_premises_licensed_to_sell
25 alcoholic_beverages_at_retail._Prior_to_commencing_operation_of_any_such
26 branch_office,_the_licensee_shall_notify_the_authority_of__the__location
27 of_such_branch_office_and_the_authority_may_issue_a_permit_for_the_oper-
28 ation_of_same.
29 § 4. Paragraph (g) of subdivision 2-c of section 61 of the alcoholic
30 beverage control law, as added by chapter 431 of the laws of 2014, is
31 amended to read as follows:
32 (g) The holder of a license issued under this subdivision may operate
33 up to [one] five branch [office] offices located away from the licensed
34 farm distillery. Such [location] locations shall be considered part of
35 the licensed premises and all activities allowed at and limited to the
36 farm distillery may be conducted at the branch [office] offices. Such
37 branch [office] offices shall not be located within, share a common
38 entrance and exit with, or have any interior access to any other busi-
39 ness, including premises licensed to sell alcoholic beverages at retail.
40 Prior to commencing operation of any such branch [office] offices, the
41 licensee shall notify the authority of the location of such branch
42 [office] offices and the authority may issue a permit for the operation
43 of same.
44 § 5. This act shall take effect immediately.
45 SUBPART J
46 Section 1. Section 104 of the alcoholic beverage control law is
47 amended by adding a new subdivision 12 to read as follows:
48 12._Notwithstanding_any_provision_of_law_to_the__contrary,__no__whole-
49 saler__shall_assess_any_fee,_including_but_not_limited_to_fees_for_stor-
50 age,_interest,_collections,_attorneys,_split_cases,_breakage_and__deliv-
51 ery,__upon__any_New_York_state_licensed_retailer_other_than_the_purchase
52 price_of_alcoholic_beverages,_provided,_however,_that_the_authority_may,
53 by_rule_or_regulation,_permit_the_assessment_of_one_or__more__categories
S. 9005 44 A. 10005
1 of__fees__or__charges__and__may_impose_such_limitations,_conditions,_and
2 record_keeping_requirements_it_deems_appropriate.
3 § 2. This act shall take effect on the ninetieth day after it shall
4 have become a law. Effective immediately, the addition, amendment and/or
5 repeal of any rule or regulation necessary for the implementation of
6 this act on its effective date are authorized to be made and completed
7 on or before such effective date.
8 SUBPART K
9 Section 1. The opening paragraph of paragraph (a) of subdivision 1 of
10 section 101 of the alcoholic beverage control law, as amended by chapter
11 318 of the laws of 2016, is amended to read as follows:
12 Be interested directly or indirectly in any premises where any alco-
13 holic beverage is sold at retail; or in any business devoted wholly or
14 partially to the sale of any alcoholic beverage at retail by stock
15 ownership, interlocking directors, mortgage or lien or any personal or
16 real property, or by any other means,__except_that_nothing_in_this
17 section_shall_prohibit_a_licensed_manufacturer_or_any_owner_of_any__out-
18 of-state__premises__where__liquors,_wines,_or_beer_are_manufactured_from
19 owning_up_to_three_licensed_retail_premises_for_on-premises__consumption
20 where__such_manufacturer_is_owned_by_the_same_person_or_corporate_entity
21 as_such_retailer_or_retailers__and__where__such__retailer__or__retailers
22 utilize__a__substantially__similar__corporate__name__and/or_d/b/a_as_the
23 manufacturer._For_purposes_of_this_chapter,_said__licensed__manufacturer
24 or__owner_of_any_out-of-state_premises_where_liquors,_wines,_or_beer_are
25 manufactured_shall_be_deemed_to_be_owned_by_the_same_corporate_entity_as
26 such_retailer_or_retailers_if_a_majority_of_each_class_of_stock_of__each
27 such__corporation__is__owned__by_the_same_person. The provisions of this
28 paragraph shall not apply to
29 § 2. Paragraph (e) of subdivision 1 of section 101 of the alcoholic
30 beverage control law, as added by chapter 557 of the laws of 1964, is
31 amended to read as follows:
32 (e) The prohibitions and restrictions contained in paragraphs [b, c
33 and d above] (b),_(c)_and_(d)_of_this_subdivision shall not apply to any
34 contractual arrangements between a licensed manufacturer [or wholesaler]
35 or__any_owner_of_any_out-of-state_premises_where_liquors,_wines,_or_beer
36 are_manufactured and [a] up_to_three licensed [retailer] retail_premises
37 for_on-premises_consumption where such manufacturer [or wholesaler has
38 made a substantial investment, directly or through such retailer, in the
39 construction, capitalization or furnishing of any exhibit, facility or
40 installation in the area leased by the city of New York to New York
41 World’s Fair 1964-1965 Corporation, pursuant to chapter four hundred
42 twenty-eight of the laws of nineteen hundred sixty, as amended, and such
43 retailer is conducting his business as a part of such exhibit or instal-
44 lation or is responsible to such corporation for the construction, oper-
45 ation or maintenance of such exhibit, facility or installation. This
46 modification to the prohibitions and restrictions contained in this
47 paragraph shall continue until November first, nineteen hundred sixty-
48 five] is__owned_by_the_same_person_or_corporate_entity_as_such_retailer
49 or_retailers.
50 § 3. The opening paragraph of paragraph (a) of subdivision 13 of
51 section 106 of the alcoholic beverage control law, as amended by chapter
52 453 of the laws of 2018, is amended to read as follows:
53 No retail licensee for on-premises consumption shall be interested,
54 directly or indirectly, in any premises where liquors, wines or beer are
S. 9005 45 A. 10005
1 manufactured or sold at wholesale, by stock ownership, interlocking
2 directors, mortgage or lien on any personal or real property or by any
3 other means, except_that_nothing_shall_prohibit_a_licensed__manufacturer
4 or__any_owner_of_any_out-of-state_premises_where_liquors,_wines,_or_beer
5 are_manufactured,_from_holding_up_to_three_licensed_retail_premises__for
6 on-premises__consumption__where__such__manufacturer_is_owned_by_the_same
7 person_or_corporate_entity_as_such_retailer__or__retailers,__and except
8 that liquors, wines or beer may be manufactured or sold wholesale by the
9 person licensed as a manufacturer or wholesaler thereof:
10 § 4. This act shall take effect on the ninetieth day after it shall
11 have become a law.
12 § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
13 sion, section or part of this act shall be adjudged by any court of
14 competent jurisdiction to be invalid, such judgment shall not affect,
15 impair, or invalidate the remainder thereof, but shall be confined in
16 its operation to the clause, sentence, paragraph, subdivision, section
17 or part thereof directly involved in the controversy in which such judg-
18 ment shall have been rendered. It is hereby declared to be the intent of
19 the legislature that this act would have been enacted even if such
20 invalid provisions had not been included herein.
21 § 3. This act shall take effect immediately provided, however, that
22 the applicable effective date of Subparts A through K of this part shall
23 be as specifically set forth in the last section of such Subparts.
24 PART P
25 Section 1. This act enacts into law components of legislation relating
26 to alcoholic beverage licensing. Each component is wholly contained
27 within a Part identified as Subparts A through H. The effective date for
28 each particular provision contained within such Subpart is set forth in
29 the last section of such Subpart. Any provision in any section
30 contained within a Subpart, including the effective date of the Subpart,
31 which makes reference to a section “of this act”, when used in
32 connection with that particular component, shall be deemed to mean and
33 refer to the corresponding section of the Subpart in which it is found.
34 Section three of this act sets forth the general effective date of this
35 act.
36 SUBPART A
37 Section 1. The alcoholic beverage control law is amended by adding a
38 new section 64-g to read as follows:
39 §_64-g._License_to_sell_liquor_on_premises_at_an_adult_care__facility.
40 1._Any_adult_care_facility_licensed_by_the_department_of_health_may_make
41 an__application_to_the_state_liquor_authority_for_an_adult_care_facility
42 license.
43 2._Such_application_shall_be_in__such__form__and__shall__contain__such
44 information__as__shall__be_required_by_the_liquor_authority_and_shall_be
45 accompanied_by_a_check_or_draft_in_the_amount_required_by__this__article
46 for_such_license.
47 3._Section_fifty-four_of_this_chapter_shall_control_so_far_as_applica-
48 ble_to_the_procedure_in_connection_with_such_application.
49 4.__Such_adult_care_facility_license_shall_in_form_and_in_substance_be
50 a_license_to_the_adult_care_facility_to_operate_one__or__more__food__and
51 drinking___establishments___on___its__premises__as__defined__by__article
52 forty-six-B_of_the_public_health_law._Such_license_shall_also_be__deemed
S. 9005 46 A. 10005
1 to__include__a__license__to__sell_liquor,_wine,_beer,_cider,_mead_and/or
2 braggot_at_retail_for_consumption_on_its_premises_so_licensed_exclusive-
3 ly_to_residents_and_guests_of_residents_of_the_adult_care_facility,__and
4 also__to__sell_alcoholic_beverages_for_service_on_its_premises_for_resi-
5 dents_and_guests_of_residents_in_areas_designated_by_the__applicant__for
6 alcoholic_beverage_consumption_in_the_manner_prescribed_by_rule_or_regu-
7 lation_of_the_authority.
8 5.__All_of_the_provisions_of_this_chapter_relative_to_licenses_to_sell
9 liquor,_wine,_beer,_cider,_mead_and/or_braggot_at_retail_for_consumption
10 on_the_premises_shall_apply_as_far_as_applicable_to_such_application.
11 § 2. Section 66 of the alcoholic beverage control law is amended by
12 adding a new subdivision 11 to read as follows:
13 11._The_fee_for_an_original_and_renewal_adult_care_facility_on-premis-
14 es__license__shall_be_five_hundred_dollars._Such_license_shall_run_for_a
15 period_of_three_years._In_addition_to_the_license_fees_provided__for__in
16 this__subdivision,__there__shall__be__paid__to__the__authority_with_each
17 original_application_a_filing_fee_of_two_hundred_dollars_and__with__each
18 renewal_application_a_filing_fee_of_one_hundred_dollars.
19 § 3. This act shall take effect on the one hundred eightieth day after
20 it shall have become a law. Effective immediately, the addition, amend-
21 ment and/or repeal of any rule or regulation necessary for the implemen-
22 tation of this act on its effective date are authorized to be made and
23 completed on or before such effective date.
24 SUBPART B
25 Section 1. Section 3 of the alcoholic beverage control law is amended
26 by adding a new subdivision 2-a to read as follows:
27 2-a.__”Airline__lounge”_means_and_includes_any_premises_located_within
28 an_airport_and_such_premises_is_owned,_leased,_or_operated_by__a__United
29 States__certificated__airline__which_regularly_and_in_a_bona_fide_manner
30 furnishes_provisions_and_services_therein.
31 § 2. Section 106 of the alcoholic beverage control law is amended by
32 adding a new subdivision 8-a to read as follows:
33 8-a.__A__license__issued__for__premises__being_conducted_as_an_airline
34 lounge_shall_authorize_the_holder_thereof_to_provide_alcoholic_beverages
35 for_on-premises_consumption_only_to_persons_with__lounge__access__privi-
36 leges__as_authorized_by_the_airline._Food_shall_be_made_regularly_avail-
37 able_to_such_persons_for_consumption_on_the_premises.__The__availability
38 of__sandwiches,__soups__or__other__foods,_whether_fresh,_processed,_pre-
39 cooked_or_frozen,_shall_be_deemed_compliance_with_this_requirement.__The
40 licensed__premises_shall_comply_at_all_times_with_all_the_regulations_of
41 the_local_department_of_health._Nothing_contained_in__this__subdivision,
42 however,__shall__be__construed__to__require__that__any__food__be_sold_or
43 purchased_with_any_liquor,_nor_shall_any_rule,_regulation_or_standard_be
44 promulgated_or_enforced_requiring_that_the_sale_of_food__be__substantial
45 or__that_the_receipts_of_the_business_other_than_from_the_sale_of_liquor
46 equal_any_set_percentage_of_total_receipts_from_sales_made_therein.
47 § 3. This act shall take effect on the one hundred eightieth day after
48 it shall have become a law. Effective immediately, the addition, amend-
49 ment and/or repeal of any rule or regulation necessary for the implemen-
50 tation of this act on its effective date are authorized to be made and
51 completed on or before such effective date.
52 SUBPART C
S. 9005 47 A. 10005
1 Section 1. Section 3 of the alcoholic beverage control law is amended
2 by adding a new subdivision 7-aa to read as follows:
3 7-aa.__”Cafe”__means__a__place__which__is_regularly_and_in_a_bona_fide
4 manner_open_for_the_service_of__light__fare__but__not__necessarily__full
5 entrees__to_guests_for_compensation_and_featuring_adequate_food_prepara-
6 tion_facilities_for_keeping_of_food_on_said_premises_in_compliance__with
7 all_the_regulations_of_the_local_department_of_health,_and_where_food_is
8 prepared__and__served_for_consumption_on_the_premises_in_such_quantities
9 as_to_satisfy_the_liquor_authority_that_the_sale_of_alcoholic__beverages
10 intended__is__incidental_to_and_not_the_prime_source_of_revenue_from_the
11 operation_of_such_premises._For_the_purposes_of_a_cafe,__”guests”__means
12 persons__who,__during_the_hours_when_meals_are_regularly_served_therein,
13 come_to_a_cafe_for_the_purpose_of__obtaining,__and__actually__order__and
14 obtain_at_such_time,_in_good_faith,_freshly_prepared_light_fare_therein.
15 Nothing_contained_in_this_subdivision_shall_be_construed_to_require_that
16 any_food_be_sold_or_purchased_with_any_beverage.
17 § 2. This act shall take effect on the one hundred eightieth day after
18 it shall have become a law. Effective immediately, the addition, amend-
19 ment and/or repeal of any rule or regulation necessary for the implemen-
20 tation of this act on its effective date are authorized to be made and
21 completed on or before such effective date.
22 SUBPART D
23 Section 1. The alcoholic beverage control law is amended by adding a
24 new section 64-h to read as follows:
25 §_64-h._Higher_education_on-premises_license._1._Any_college,__univer-
26 sity,__or__other__institution__for_higher_education_authorized_to_confer
27 degrees_by_the_board_of_regents_or_the__commissioner__of__education__may
28 make_an_application_to_the_state_liquor_authority_for_a_higher_education
29 license.
30 2.__Such__application__shall__be__in__such_form_and_shall_contain_such
31 information_as_shall_be_required_by_the_liquor_authority__and__shall__be
32 accompanied__by__a_check_or_draft_in_the_amount_required_by_this_section
33 for_such_license.
34 3._Section_fifty-four_of_this_chapter_shall_control_so_far_as_applica-
35 ble_to_the_procedure_in_connection_with_such_application.
36 4._Such_higher_education_license_shall_in_form_and_in_substance__be__a
37 license__to__the__college,__university,__or_other_institution_for_higher
38 education_to_periodically_provide_food_and_beverages_for_events_held__on
39 its__campus__as_defined_by_section_two_of_the_education_law,_and_to_sell
40 liquor,_wine,_beer_and_cider_at_retail_for_consumption_on__the__premises
41 so__licensed.__The__event_spaces_so_designated_need_not_be_contiguous_to
42 one_another._Upon_notice_to_the_authority,_a_higher__education__licensee
43 may__also_host_events,_meetings,_seminars,_or_conferences_where_food_and
44 alcoholic_beverages_are_served_or_available_to_attendees_and__where__the
45 alcoholic__beverages__are__incidental__to_the_event,_at_locations_on_its
46 campus_other_than_those_designated_as_food_and__drinking__establishments
47 in__the__application,__such_events_may_be_catered_by_a_licensed_caterer.
48 All_of_the_provisions_of_this__chapter__relative__to__licenses__to__sell
49 liquor,_wine,_beer,_cider,_mead_and/or_braggot_at_retail_for_consumption
50 on_the_premises_shall_apply_so_far_as_applicable_to_such_application.
51 5.__Such_license_shall_also_be_deemed_to_include_a_license_to_manufac-
52 ture_liquor,_wine,_beer,_cider,_mead__and/or__braggot__on__the__premises
53 specifically__licensed,__under_the_same_terms_and_without_payment_of_any
54 additional_fee._Provided,_however,_that_no_such_licensee_shall__manufac-
S. 9005 48 A. 10005
1 ture__annually__in__excess_of_ten_thousand_barrels_of_beer,_seventy-five
2 thousand_gallons_of_wine,_seventy-five_thousand__gallons__of__cider,__or
3 thirty-seven_thousand_five_hundred_gallons_of_distilled_spirits.
4 6.__A__higher_education_licensee_may_conduct_tastings_of_any_alcoholic
5 beverages_it_produces:
6 (a)_upon_its_licensed_premises;
7 (b)_at_the_state_fair,_at__recognized__county__fairs__and__at__farmers
8 markets_operated_on_a_not-for-profit_basis;_and
9 (c)__at__outdoor_or_indoor_gatherings,_functions,_occasions_or_events,
10 within_the_hours_fixed_by_or_pursuant_to_subdivision_fourteen_of_section
11 one_hundred_five_of_this_chapter,_sponsored_by_a__bona__fide__charitable
12 organization._For_the_purposes_of_this_paragraph,_a_bona_fide_charitable
13 organization__shall_mean_and_include_any_bona_fide_religious_or_charita-
14 ble_organization_or_bona_fide_educational,_fraternal_or__service__organ-
15 ization_or_bona_fide_organization_of_veterans_or_volunteer_firefighters,
16 which_by_its_charter,_certificate_of_incorporation,_constitution,_or_act
17 of__the__legislature,_shall_have_among_its_dominant_purposes_one_or_more
18 of_the_lawful_purposes_as_defined_in_subdivision__five__of__section__one
19 hundred_eighty-six_of_the_general_municipal_law.
20 7.__Notwithstanding__any__other__provision_of_law_to_the_contrary,_all
21 alcoholic_beverages_produced_by_a_higher_education_licensee_and_sold__on
22 the_premises_of_said_higher_education_licensee,_or_utilized_for_tastings
23 as__otherwise__provided__for__by__this_section,_shall_be_exempt_from_the
24 provisions_of_sections_fifty-five-b,_one_hundred__seven-a,__one__hundred
25 one-aa,_and_one_hundred_one-aaa_of_this_chapter.
26 8.__A__higher_education_licensee_may_sell_alcoholic_beverages_produced
27 by_the_licensee_to_another_retail_licensee_where_such_other__license__is
28 held__by_the_college,_university,_or_other_institution_for_higher_educa-
29 tion.
30 9._For_purposes_of_sections_one_hundred_one_and__one__hundred__six__of
31 this__chapter,__the__licensee__under__this_section_shall_be_considered_a
32 “retailer”_as_that_term_is_defined_within_section_three_of_this_chapter.
33 Provided,_however,_that_the_provisions_of_subdivision_one_of_section_one
34 hundred_one_and_subdivision_thirteen_of_section_one_hundred_six_of__this
35 chapter__shall__only_apply_to_the_licensee’s_alcoholic_beverage_officer,
36 as_designated_pursuant_to_subdivision_four_of_section_one_hundred__twen-
37 ty-six_of_this_chapter.
38 10.__A_higher_education_licensee_shall_report_to_the_authority_no_less
39 than_five_days_prior_to_all_events_featuring_sales_or_tastings_of__alco-
40 holic__beverages__conducted_pursuant_to_their_license_during_the_license
41 period_in_such_manner_and_format_as_the_authority_shall_direct.
42 § 2. Subdivision 1 of section 101 of the alcoholic beverage control
43 law is amended by adding a new paragraph (g) to read as follows:
44 (g)__In__the__case__of_a_college,_university,_or_other_institution_for
45 higher_education_authorized_to_confer_degrees_by_the_board_of_regents_or
46 the_commissioner_of_education_holding_a_retail_license_under_this__chap-
47 ter,_the_provisions_and_restrictions_contained_in_paragraphs_(b)_and_(d)
48 of_this_subdivision_shall_only_apply_to_such_licensee’s_alcoholic_bever-
49 age__officer,__as_designated_pursuant_to_subdivision_four_of_section_one
50 hundred_twenty-six_of_this_article.
51 § 3. Paragraph (a) of subdivision 1 of section 110 of the alcoholic
52 beverage control law is amended by adding a new clause (iv) to read as
53 follows:
54 (iv)_If_the_applicant_is_a_college,_university,_or__other__institution
55 for__higher__education__authorized__to__confer__degrees__by_the_board_of
56 regents_or_the_commissioner_of_education,__the__corporate__name__of__the
S. 9005 49 A. 10005
1 applicant,_its_place_of_incorporation,_its_main_business_address_(and_if
2 such__main__business_address_is_not_within_the_state,_the_address_of_its
3 main_place_of_business_within_the_state),_other_names_by__which__it__has
4 been__known_or_has_conducted_business_at_any_time,_its_telephone_number,
5 its_federal_employer_identification_number,_and_the_name_of_its_alcohol-
6 ic_beverage_officer.
7 § 4. Subdivision 4 of section 126 of the alcoholic beverage control
8 law, as amended by chapter 669 of the laws of 2022, is amended to read
9 as follows:
10 4. A copartnership or a corporation, unless each member of the part-
11 nership, or each of the principal officers and directors of the corpo-
12 ration, is a citizen of the United States or a noncitizen lawfully
13 admitted for permanent residence in the United States, not less than
14 twenty-one years of age, and has not been convicted of any felony or any
15 of the misdemeanors, specified in section eleven hundred forty-six of
16 the former penal law as in force and effect immediately prior to Septem-
17 ber first, nineteen hundred sixty-seven, or of an offense defined in
18 section 230.20 or 230.40 of the penal law, or if so convicted has
19 received, subsequent to such conviction, an executive pardon therefor
20 removing this disability a certificate of good conduct granted by the
21 department of corrections and community supervision, or a certificate of
22 relief from disabilities granted by the department of corrections and
23 community supervision or a court of this state pursuant to the
24 provisions of article twenty-three of the correction law to remove the
25 disability under this section because of such conviction; provided
26 however: that a corporation which otherwise conforms to the requirements
27 of this section and chapter may be licensed if each of its principal
28 officers and more than one-half of its directors are citizens of the
29 United States or noncitizens lawfully admitted for permanent residence
30 in the United States; and provided further that a corporation organized
31 under the not-for-profit corporation law or the education law which
32 otherwise conforms to the requirements of this section and chapter may
33 be licensed if each of its principal officers and more than one-half of
34 its directors are not less than twenty-one years of age and none of its
35 directors are less than eighteen years of age; and provided further that
36 a corporation organized under the not-for-profit corporation law or the
37 education law and located on the premises of a college as defined by
38 section two of the education law which otherwise conforms to the
39 requirements of this section and chapter may be licensed if each of its
40 principal officers and each of its directors are not less than eighteen
41 years of age;_and_that_a_college,_university,_or_other__institution__for
42 higher_education_authorized_to_confer_degrees_by_the_board_of_regents_or
43 the_commissioner_of_education_may_be_licensed_if_it_appoints_an_alcohol-
44 ic__beverage__officer__from_among_its_officers_who_otherwise_conforms_to
45 the_requirements_of_this_section_and_chapter_and_who_shall_be__responsi-
46 ble__for__filing__all__applications__and__other_documents_required_to_be
47 submitted_to_the_authority.
48 § 5. Section 66 of the alcoholic beverage control law is amended by
49 adding a new subdivision 12 to read as follows:
50 12.__The__fee_for_an_original_and_renewal_higher_education_on-premises
51 license_shall_be_one_thousand_five_hundred_dollars._Such__license__shall
52 run__for__a__period__of__three__years.__In__addition_to_the_license_fees
53 provided_for_in_this_subdivision,_there_shall_be_paid_to__the__authority
54 with__each__original_application_a_filing_fee_of_two_hundred_dollars_and
55 with_each_renewal_application_a_filing_fee_of_one_hundred_dollars.
S. 9005 50 A. 10005
1 § 6. This act shall take effect on the one hundred eightieth day after
2 it shall have become a law. Effective immediately, the addition, amend-
3 ment and/or repeal of any rule or regulation necessary for the implemen-
4 tation of this act on its effective date are authorized to be made and
5 completed on or before such effective date.
6 SUBPART E
7 Section 1. The alcoholic beverage control law is amended by
8 adding a new section 79-e to read as follows:
9 §_79-e._Hotel_concessionaire_license._1._Any_person_may_apply__to__the
10 authority__for_a_license_to_sell_unopened_alcoholic_beverages_to_go_from
11 a_shop_or_concession_stand_located_within_a_hotel.
12 2._(a)__Such__hotel__concessionaire__license__shall__in__form__and__in
13 substance__enable__the__person_specifically_licensed_to_sell_wine,_beer,
14 cider,_mead,_braggot,_and_wine_products_at_not_more_than_fifteen_percent
15 alcohol_by_volume_and_in_sealed_containers_not_to_exceed__seven__hundred
16 fifty_milliliters.
17 (b)__Any_person_holding_a_hotel_concessionaire_license_shall_only_sell
18 alcoholic_beverages_described_in_paragraph_(a)_of_this_subdivision_above
19 at_retail_exclusively_to_registered__overnight__guests__staying__at__the
20 hotel_at_the_time_of_the_sale.
21 3.__A_license_issued_under_this_section_shall_be_confined_to_a_clearly
22 defined_area_within_a_hotel_as_disclosed_to_the__authority.____Provided,
23 however,__that_a_hotel_concessionaire_licensee_may_use_space_shared_with
24 the_hotel_in_which_the_licensed_premises_is_located_to_keep_and_maintain
25 any_books_and_records_required_by_this_chapter_and__to__store__alcoholic
26 beverages.__Such__shared_space_shall_be_disclosed_to_and_approved_by_the
27 authority.
28 4._The_holder_of_a_hotel_concessionaire_license_shall_take_the_follow-
29 ing_actions_to_prevent_the_occurrence_of_prohibited_sales__as__described
30 in_section_sixty-five_of_this_chapter:
31 (a)__The__hotel__shop__or_concession_stand_licensed_under_this_section
32 must_be_directly_supervised_by_the_licensee,__a__hired__manager,__or__an
33 employee_of_the_licensee_during_all_hours_of_operation;
34 (b)__All__sales__of__alcoholic_beverages_in_the_licensed_hotel_shop_or
35 concession_stand_must_be_made_by__a__person__holding__a__certificate__of
36 completion__issued__by_an_alcohol_training_awareness_program_pursuant_to
37 subdivision_twelve_of_section_seventeen_or_subdivision__ten__of__section
38 eighteen_of_this_chapter;
39 (c)__The__holder__of_a_hotel_concessionaire_license_must_obtain_an_age
40 verification_scanner_and_keep_it_in_the_hotel_shop_or__concession__stand
41 licensed_under_this_section;
42 (d)__The_persons_making_the_sale_of_alcohol_in_the_licensed_hotel_shop
43 or_concession_stand_must_use_a_scanner_to_verify_the__age__of__customers
44 before_completing_the_transaction;_and
45 (e)_All_other_preventative_measures_as_deemed_necessary_by_the_author-
46 ity.
47 5.__Every__hotel__concessionaire__licensee__shall__regularly_keep_food
48 available_for_sale_in_the_shop_or_concession_stand__located__within__the
49 hotel.__The__availability__of__sandwiches,_soups_or_other_foods,_whether
50 fresh,_processed,_pre-cooked_or_frozen,_shall_be_deemed_compliance__with
51 this_requirement.
52 6.__(a)_Any_person_receiving_a_hotel_concessionaire_license_under_this
53 section_shall_be_subject_to_the_provisions_of_sections_one_hundred__five
1 and__one__hundred_five-b_of_this_chapter,_unless_determined_otherwise_by
2 the_authority_pursuant_to_subdivision_ten_of_this_section.
3 (b)_Any_premises_licensed_under_this_section_and_any_space_shared_with
4 a_hotel_in_which_said_premises_is_located_shall_be_subject_to_inspection
5 by__any__peace__officer_described_in_subdivision_four_of_section_2.10_of
6 the_criminal_procedure_law_acting_pursuant_to_their_special__duties,__or
7 police_officer_or_any_duly_authorized_representative_of_the_state_liquor
8 authority,__during__the_hours_when_said_premises_are_open_for_the_trans-
9 action_of_business.
10 7._Not_withstanding_any_other_provisions_of_this__chapter,__any__hotel
11 business_operator_with_a_license_issued_under_this_chapter_to_sell_alco-
12 holic__beverages_at_retail_for_consumption_on_the_premises_at_such_hotel
13 may_apply_to_the_authority_for_a_hotel_concessionaire_license.
14 8._The_fee_for_a_hotel_concessionaire_license_shall__be__one__thousand
15 nine__hundred__twenty_dollars_in_the_counties_of_New_York,_Kings,_Bronx,
16 and_Queens;_nine_hundred_sixty_dollars_in_the_county_of_Richmond_and__in
17 cities__having__a__population_of_more_than_one_hundred_thousand_and_less
18 than_one_million;_and_four_hundred_thirty-five_dollars__elsewhere.__Said
19 license__shall__run__for__a__period__of__three_years._In_addition_to_the
20 license_fees_provided_for_in_this_subdivision,_there_shall__be__paid__to
21 the__authority_with_each_initial_application_a_non-refundable_filing_fee
22 of_one_hundred_dollars_and_with_each_renewal_application_a__non-refunda-
23 ble_filing_fee_of_twenty-five_dollars.
24 9.__Such__application__shall__be__in__such_form_and_shall_contain_such
25 information_as_shall_be_required_by_the_rules_of_the_authority_and_shall
26 be_accompanied_by_a_check_or_draft_in_the_amount_required_by_subdivision
27 eight_of_this_section.
28 10._The_authority_may_promulgate_such_rules_and_regulations_as_may__be
29 deemed_necessary_to_carry_out_the_provisions_of_this_section.
30 § 2. This act shall take effect on the one hundred eightieth day after
31 it shall have become a law. Effective immediately, the addition, amend-
32 ment and/or repeal of any rule or regulation necessary for the implemen-
33 tation of this act on its effective date are authorized to be made and
34 completed on or before such effective date.
35 SUBPART F
36 Section 1. The alcoholic beverage control law is amended by adding a
37 new section 99-i to read as follows:
38 §_99-i._Early_morning_sports_bar_on-premises_permit._1.__Notwithstand-
39 ing_any_provision_of_law_or_rule_to_the_contrary,_anyone_licensed_pursu-
40 ant_to_this_chapter_with_the_privilege_of_selling_alcoholic_beverages_at
41 retail__for__on-premises__consumption__may__make__an__application_to_the
42 authority_for_an_early_morning_sports_bar_on-premises_permit.
43 2._Such_application_shall_be_in__such__form__as__the__authority__shall
44 prescribe_and_shall_contain_such_information_as_shall_be_required_by_the
45 authority__and_shall_be_accompanied_by_a_check_or_draft_in_the_amount_of
46 one_thousand_dollars_for_such_permit._A_filing__fee__of__twenty__dollars
47 shall__be__assessed__for__permits__issued__pursuant__to_this_section._If
48 approved,_such_permit_term_shall_run_for_the_same_license_period_as__the
49 underlying_on-premises_retail_license.
50 3.__Such__permit__shall__authorize__the__operation__of__the_underlying
51 licensed_premises_for_on-premises_retail_sales_during_the_hours_of_seven
52 o’clock_a.m._to_eight_o’clock_a.m._Monday_through__Saturday,__and__seven
53 o’clock__a.m.__to_ten_o’clock_a.m._on_Sundays,_on_days_when_a_live_tele-
54 vised_major_professional__or__international__sporting__event__is__played
S. 9005 52 A. 10005
1 during__those__hours__in_the_eastern_daylight_time/eastern_standard_time
2 time_zone_on_that_date.
3 4._Section_fifty-four_of_this_chapter_shall_control_so_far_as_applica-
4 ble_to_the_procedure_in_connection_with_such_application.
5 5.__An__applicant_for_a_permit_under_this_section_shall_provide_notice
6 to_the_local_municipality_of_such_application_as_provided_in_section_one
7 hundred_ten-b_of_this_chapter.
8 6._Such_permit_and_the_exercise_of_the_privileges__granted__thereunder
9 shall_be_subject_to_such_rules_that_the_authority_may_deem_necessary.
10 § 2. Paragraphs (a) and (b) of subdivision 5 of section 106 of the
11 alcoholic beverage control law, paragraph (a) as amended by chapter 160
12 of the laws of 2024 and paragraph (b) as amended by section 1 of part FF
13 of chapter 55 of the laws of 2020, are amended to read as follows:
14 (a) Except as provided in paragraph (c) of this subdivision, on
15 Sunday, from four ante meridiem to ten o’clock a.m., except pursuant to
16 a permit issued under section ninety-nine-h [or], subdivision five of
17 section ninety-seven [of this chapter] or_a_permit_issued_under__section
18 ninety-nine-i_of_this_chapter.
19 (b) Except as provided in paragraph (c) of this subdivision, on any
20 other day between four ante meridiem and eight ante meridiem,__except
21 pursuant_to_a_permit_issued_under_section_ninety-nine-i_of_this_chapter.
22 § 3. This act shall take effect on the one hundred eightieth day after
23 it shall have become a law. Effective immediately, the addition, amend-
24 ment and/or repeal of any rule or regulation necessary for the implemen-
25 tation of this act on its effective date are authorized to be made and
26 completed on or before such effective date.
27 SUBPART G
28 Section 1. Section 53 of the alcoholic beverage control law, as
29 amended by chapter 3 of the laws of 2021, is amended to read as follows:
30 § 53. Wholesaler’s license. Any person may apply to the liquor author-
31 ity for a license to sell beer at wholesale. Such application shall be
32 in writing and verified and shall contain such information as the liquor
33 authority shall require. Such application shall be accompanied by a
34 check or draft for the amount required by this article for such license.
35 If the liquor authority shall grant the application it shall issue a
36 license in such form as shall be determined by its rules. Such a license
37 shall contain a description of the licensed premises and in form and in
38 substance shall be a license to the person therein specifically desig-
39 nated to sell beer at wholesale in the premises therein specifically
40 licensed to duly licensed wholesalers, retailers and permittees in this
41 state, and to sell or deliver beer to persons outside the state pursuant
42 to the laws of the place of such sale or delivery. A wholesaler’s
43 license [issued or renewed prior to July first, nineteen hundred sixty,
44 and thereafter renewed or transferred,] shall authorize the holder ther-
45 eof to sell beer at retail [to a person for consumption in his home;
46 provided, however, that regardless of the date issued, renewed or trans-
47 ferred, a wholesaler’s license issued to a brewer or to the wholly-owned
48 subsidiary of a brewer, shall authorize the holder thereof to sell beer
49 at retail to a person for consumption in his home] for__off-premises
50 consumption.
51 § 2. This act shall take effect immediately and shall apply to all
52 applications submitted to the authority on or after such effective date.
53 Effective immediately, the addition, amendment and/or repeal of any rule
54 or regulation necessary for the implementation of this act on its effec-
S. 9005 53 A. 10005
1 tive date are authorized to be made and completed on or before such
2 effective date.
3 SUBPART H
4 Section 1. Subdivision 3 of section 17 of the alcoholic beverage
5 control law, as separately amended by section 4 of chapter 342 and
6 section 2 of chapter 656 of the laws of 2025, is amended to read as
7 follows:
8 3. To revoke, cancel or suspend for cause any license or permit issued
9 under this chapter and/or to impose a civil penalty for cause against
10 any holder of a license or permit issued pursuant to this chapter. Any
11 civil penalty so imposed shall not exceed the sum of ten thousand
12 dollars as against the holder of any retail permit issued pursuant to
13 sections ninety-five, ninety-seven, ninety-eight, ninety-nine-d,__nine-
14 ty-nine-i, and paragraph f of subdivision one of section ninety-nine-b
15 of this chapter, and as against the holder of any retail license issued
16 pursuant to sections fifty-three-a, fifty-four, fifty-four-a, fifty-
17 five, fifty-five-a, sixty-three, sixty-four, sixty-four-a, sixty-four-b,
18 sixty-four-c, sixty-four-d,__sixty-four-e, sixty-four-f, sixty-four-g,
19 sixty-four-h, seventy-six-f, seventy-nine, eighty-one and eighty-one-a
20 of this chapter, and the sum of thirty thousand dollars as against the
21 holder of a license issued pursuant to sections thirty, thirty-one,
22 thirty-five, fifty-three, fifty-nine-b, sixty-one-a, sixty-one-b,
23 sixty-one-c, sixty-eight, seventy-six, seventy-six-a, [and]
24 seventy-six-c,__seventy-six-d,__seventy-six-f,__seventy-seven, seventy-
25 eight and_seventy-nine-c of this chapter, provided that the civil penal-
26 ty against the holder of a wholesale license issued pursuant to section
27 fifty-three of this chapter shall not exceed the sum of ten thousand
28 dollars where that licensee violates provisions of this chapter during
29 the course of the sale of beer at retail to a person for consumption at
30 home, and the sum of one hundred thousand dollars as against the holder
31 of any license issued pursuant to sections fifty-one, sixty-one, and
32 sixty-two of this chapter. Any civil penalty so imposed shall be in
33 addition to and separate and apart from the terms and provisions of the
34 bond required pursuant to section one hundred twelve of this chapter.
35 Provided that no appeal is pending on the imposition of such civil
36 penalty, in the event such civil penalty imposed by the division remains
37 unpaid, in whole or in part, more than forty-five days after written
38 demand for payment has been sent by first class mail to the address of
39 the licensed premises, a notice of impending default judgment shall be
40 sent by first class mail to the licensed premises and by first class
41 mail to the last known home address of the person who signed the most
42 recent license application. The notice of impending default judgment
43 shall advise the licensee: (a) that a civil penalty was imposed on the
44 licensee; (b) the date the penalty was imposed; (c) the amount of the
45 civil penalty; (d) the amount of the civil penalty that remains unpaid
46 as of the date of the notice; (e) the violations for which the civil
47 penalty was imposed; and (f) that a judgment by default will be entered
48 in the supreme court of the county in which the licensed premises are
49 located, or other court of civil jurisdiction or any other place
50 provided for the entry of civil judgments within the state of New York
51 unless the division receives full payment of all civil penalties due
52 within twenty days of the date of the notice of impending default judg-
53 ment. If full payment shall not have been received by the division with-
54 in thirty days of mailing of the notice of impending default judgment,
S. 9005 54 A. 10005
1 the division shall proceed to enter with such court a statement of the
2 default judgment containing the amount of the penalty or penalties
3 remaining due and unpaid, along with proof of mailing of the notice of
4 impending default judgment. The filing of such judgment shall have the
5 full force and effect of a default judgment duly docketed with such
6 court pursuant to the civil practice law and rules and shall in all
7 respects be governed by that chapter and may be enforced in the same
8 manner and with the same effect as that provided by law in respect to
9 execution issued against property upon judgments of a court of record. A
10 judgment entered pursuant to this subdivision shall remain in full force
11 and effect for eight years notwithstanding any other provision of law.
12 § 2. Subdivision 6 of section 64-a of the alcoholic beverage control
13 law, as amended by section 2 of part CC of chapter 55 of the laws of
14 2024, is amended to read as follows:
15 6. No special on-premises license shall be granted except for premises
16 in which the principal business shall be (a) the sale of food or bever-
17 ages at retail for consumption on the premises;_(b)_an_airline_lounge;
18 (c)_a_cafe or [(b)] (d) the operation of a legitimate theatre, including
19 a motion picture theatre that is a building or facility which is regu-
20 larly used and kept open primarily for the exhibition of motion pictures
21 for at least five out of seven days a week, or on a regular seasonal
22 basis of no less than six contiguous weeks, to the general public where
23 all auditorium seating is permanently affixed to the floor and at least
24 sixty-five percent of the motion picture theatre’s annual gross revenues
25 is the combined result of admission revenue for the showing of motion
26 pictures and the sale of food and non-alcoholic beverages, or such other
27 lawful adult entertainment or recreational facility as the liquor
28 authority, giving due regard to the convenience of the public and the
29 strict avoidance of sales prohibited by this chapter, shall by regu-
30 lation classify for eligibility.
31 § 3. Subdivision 6 of section 64-a of the alcoholic beverage control
32 law, as amended by chapter 475 of the laws of 2011, is amended to read
33 as follows:
34 6. No special on-premises license shall be granted except for premises
35 in which the principal business shall be (a) the sale of food or bever-
36 ages at retail for consumption on the premises;_(b)_an_airline_lounge;
37 (c)_a_cafe or [(b)] (d) the operation of a legitimate theatre or such
38 other lawful adult entertainment or recreational facility as the liquor
39 authority, giving due regard to the convenience of the public and the
40 strict avoidance of sales prohibited by this chapter, shall by regu-
41 lation classify for eligibility. Nothing contained in this subdivision
42 shall be deemed to authorize the issuance of a license to a motion
43 picture theatre, except those meeting the definition of restaurant and
44 meals, and where all seating is at tables where meals are served.
45 § 4. This act shall take effect on the one hundred eightieth day after
46 it shall have become a law; provided however, that the amendments to
47 subdivision 3 of section 17 of the alcoholic beverage control law made
48 by section one of this act shall be subject to the expiration of such
49 subdivision and shall expire and be deemed repealed therewith; provided
50 further, however, that the amendments to subdivision 6 of section 64-a
51 of the alcoholic beverage control law made by section two of this act
52 shall be subject to the expiration and reversion of such subdivision
53 pursuant to section 5 of part CC of chapter 55 of the laws of 2024, as
54 amended, when upon such date the provisions of section three of this act
55 shall take effect. Effective immediately, the addition, amendment
56 and/or repeal of any rule or regulation necessary for the implementation
S. 9005 55 A. 10005
1 of this act on its effective date are authorized to be made and
2 completed on or before such effective date.
3 § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
4 sion, section or part of this act shall be adjudged by any court of
5 competent jurisdiction to be invalid, such judgment shall not affect,
6 impair, or invalidate the remainder thereof, but shall be confined in
7 its operation to the clause, sentence, paragraph, subdivision, section
8 or part thereof directly involved in the controversy in which such judg-
9 ment shall have been rendered. It is hereby declared to be the intent of
10 the legislature that this act would have been enacted even if such
11 invalid provisions had not been included herein.
12 § 3. This act shall take effect immediately, provided, however, that
13 the applicable effective date of Subparts A through H of this act shall
14 be as specifically set forth in the last section of such Subparts.
15 PART Q
16 Section 1. The alcoholic beverage control law is amended by adding a
17 new section 64-g to read as follows:
18 §__64-g._Dine_and_dance_license._1._Any_person_may_make_an_application
19 to_the_state_liquor_authority_for_a_license_to_sell_liquor_at_retail__to
20 be__consumed_on_the_premises_of_a_dine_and_dance_licensee._Such_licenses
21 shall_be_issued_except_for_good_cause_shown_and_shall__in__form__and__in
22 substance__be__a__license__to__the__person_specifically_licensed_to_sell
23 liquors_at_retail,_to_be_consumed_upon_the_premises._Such_license__shall
24 also__be__deemed__to__include__a_license_to_sell_wine,_beer,_cider,_mead
25 and/or_braggot_at_retail_to_be_consumed_under_the_same_terms_and__condi-
26 tions,__without_the_payment_of_any_additional_fee._All_of_the_provisions
27 of_this_chapter_relative_to_licenses_to_sell_liquor,_wine,_beer,__cider,
28 mead__and/or__braggot__at__retail__for_consumption_on_the_premises_shall
29 apply_so_far_as_applicable_to_such_application.
30 2._Such_application_shall_be_in__such__form__and__shall__contain__such
31 information__as__shall__be_required_by_the_liquor_authority_and_shall_be
32 accompanied_by_a_check_or_draft_in_the_amount_required_by__this__chapter
33 for_such_licenses.
34 3.__Section_fifty-four_of_this_chapter_shall_control,_so_far_as_appli-
35 cable,_the_procedure_in_connection_with_such_application.
36 4._Under_this_section,_permissible_methods_of_operation__include__live
37 and/or__recorded_and/or_DJ_music_and_shall_also_specifically_provide_for
38 patron_and/or_employee_dancing,_provided_that__such__dancing__shall__not
39 include__exotic__dancing._The_liquor_authority_may_promulgate_such_rules
40 and_regulations_as_deemed_necessary_to_carry_out_the_provisions_of__this
41 section.
42 5._Every_dine_and_dance_licensee_shall_keep_food_available_for_sale_to
43 its_customers_for_consumption_on_the_premises._The_availability_of_sand-
44 wiches,__soups_or_comparable_foods,_whether_fresh,_processed,_pre-cooked
45 or_frozen,_during_such_hours_of_operation__shall__be__deemed__compliance
46 with__this__requirement._Nothing_contained_in_this_subdivision,_however,
47 shall_be_construed_to_require_that_any_food_be_sold__or__purchased__with
48 any_liquor.
49 6._The_authority_may_consider_any_or_all_of_the_following_in_determin-
50 ing__whether__public__convenience__and_advantage_and_the_public_interest
51 will_be_promoted_by_the_granting_of_licenses_under_this_section:
52 (a)_the_number,_classes_and_character_of_licenses_in_proximity_to__the
53 location_and_in_the_particular_municipality_or_subdivision_thereof;
Part O Memoranda – Modernize the Alcoholic Beverage Control Law (ABCL)
Part O Memoranda – Modernize the Alcoholic Beverage Control Law (ABCL)
Purpose:
This bill would enact several proposals to reform and modernize the Alcoholic Beverage Control (ABC) Law.
Summary of Provisions and Statement in Support:
The bill would increase opportunities for alcoholic beverage manufacturers by making several reforms to the ABC Law including: allowing temporary retail permit holders to purchase stock on credit; banning labels designed to appeal to children; allowing the State Liquor Authority (SLA) to change the duration of certain license types; authorizing “channel pricing” for liquor and wine; clarifying SLA’s enforcement authority of direct shipments; making permanent movie theater licenses; repealing outdated laws banning on-premises consumption licensees from having certain entrances/passageways and glass in windows/doors that are not clear; lowering the food requirements at hotels; expanding privileges for certain manufacturers; banning wholesalers from assessing certain fees on retailers; and authorizing manufacturers to have up to three retail licenses under the same name.
Budget Implications:
Enactment of this bill is necessary to implement the FY 2027 Executive Budget because it is a vital component of the Governor’s comprehensive agenda on economic development and community investment.
Effective Date:
The effective date of each part is specified in the
Part P – SLA Licensing Modernization Memorandum
Part P – SLA Licensing Modernization
Purpose:
This bill would amend the Alcoholic Beverage Control (ABC) Law to create multiple new license and permit types.
Summary of Provisions and Statement in Support:
This bill would amend ABC Law to create an adult care facility on-premises license, an airline lounge license, a café license, a higher education on-premises license, a hotel
24
concessionaire license and permit, and an early morning sports bar permit, and reissue a wholesale beer license with retail privileges.
Budget Implications:
Enactment of this bill is necessary to implement the FY 2027 Executive Budget because it is a vital component of the Governor’s comprehensive agenda on economic development and community investment.
Effective Date:
Parts A through F of this bill would take effect 180 days after enactment. Part G of this bill would take effect immediately.
Part P Licensing Modernization Bill Text
To be completed
Part Q – Eliminate Outdated Restrictions on Dancing Bill Text
DanceReg Note:
This bill proposes to add a new section 64-g, which immediately follows 64-f which is the 500-Foot Law Hearing provision. There are no similar provisions creating a new license type in 64 except for perhaps 64-5a.
https://www.nysenate.gov/legislation/laws/ABC/64
PART Q
16 Section 1. The alcoholic beverage control law is amended by adding a
17 new section 64-g to read as follows:
18 § 64-g. Dine and dance license. 1. Any person may make an application
19 to the state liquor authority for a license to sell liquor at retail to
20 be consumed on the premises of a dine and dance licensee. Such licenses
21 shall be issued except for good cause shown and shall in form and in
22 substance be a license to the person specifically licensed to sell
23 liquors at retail, to be consumed upon the premises. Such license shall
24 also be deemed to include a license to sell wine, beer, cider, mead
25 and/or braggot at retail to be consumed under the same terms and condi-
26 tions, without the payment of any additional fee. All of the provisions
27 of this chapter relative to licenses to sell liquor, wine, beer, cider,
28 mead and/or braggot at retail for consumption on the premises shall
29 apply so far as applicable to such application.
30 2. Such application shall be in such form and shall contain such
31 information as shall be required by the liquor authority and shall be
32 accompanied by a check or draft in the amount required by this chapter
33 for such licenses.
34 3. Section fifty-four of this chapter shall control, so far as appli-
35 cable, the procedure in connection with such application.
36 4. Under this section, permissible methods of operation include live
37 and/or recorded and/or DJ music and shall also specifically provide for
38 patron and/or employee dancing, provided that such dancing shall not
39 include exotic dancing. The liquor authority may promulgate such rules
40 and regulations as deemed necessary to carry out the provisions of this
41 section.
42 5. Every dine and dance licensee shall keep food available for sale to
43 its customers for consumption on the premises. The availability of sand-
44 wiches, soups or comparable foods, whether fresh, processed, pre-cooked
45 or frozen, during such hours of operation shall be deemed compliance
46 with this requirement. Nothing contained in this subdivision, however,
47 shall be construed to require that any food be sold or purchased with
48 any liquor.
49 6. The authority may consider any or all of the following in determin-
50 ing whether public convenience and advantage and the public interest
51 will be promoted by the granting of licenses under this section:
52 (a) the number, classes and character of licenses in proximity to the
53 location and in the particular municipality or subdivision thereof;
- 9005 56 A. 10005
1 (b) evidence that applicants have secured all necessary licenses and
2 permits from the state and all other governing bodies;
3 (c) the effect that the granting of the license will have on vehicular
4 traffic and parking in the proximity of the location;
5 (d) the existing noise level at the location and any increase in noise
6 level that would be generated by the proposed premises;
7 (e) the history of liquor violations and reported criminal activity at
8 the proposed premises; and
9 (f) any other factors specified by law or regulation that are relevant
10 to determine the public convenience or advantage and necessary to find
11 that the granting of such license shall be in the public interest.
12 7. No restaurant dine and dance license shall be granted for any prem-
13 ises which shall be:
14 (a) on the same street or avenue and within two hundred feet of a
15 building occupied exclusively as a school, church, synagogue or other
16 place of worship; or
17 (b) in a city, town or village having a population of twenty thousand
18 or more within five hundred feet of three or more existing premises
19 licensed and operating pursuant to this section and sections sixty-four,
20 sixty-four-a, sixty-four-b, sixty-four-c, sixty-four-d, and/or sixty-
21 four-f of this article;
22 (c) the measurements in paragraphs (a) and (b) of this subdivision are
23 to be taken in straight lines from the center of the nearest entrance of
24 the premises sought to be licensed to the center of the nearest entrance
25 of such school, church, synagogue or other place of worship or to the
26 center of the nearest entrance of each such premises licensed and oper-
27 ating pursuant to this section and sections sixty-four, sixty-four-a,
28 sixty-four-b, sixty-four-c, sixty-four-d, and/or sixty-four-f of this
29 article; except, however, that no renewal license shall be denied
30 because of such restriction to any premises so located which were main-
31 tained as a bona fide hotel, restaurant, catering establishment or club
32 on or prior to December fifth, nineteen hundred thirty-three; and,
33 except that no license shall be denied to any premises at which a
34 license under this chapter has been in existence continuously from a
35 date prior to the date when a building on the same street or avenue and
36 within two hundred feet of said premises has been occupied exclusively
37 as a school, church, synagogue or other place of worship; and except
38 that no license shall be denied to any premises, which is within five
39 hundred feet of three or more existing premises licensed and operating
40 pursuant to this section and sections sixty-four, sixty-four-a, sixty-
41 four-b, sixty-four-c, sixty-four-d, and/or sixty-four-f of this article,
42 at which a license under this chapter has been in existence continuously
43 on or prior to November first, nineteen hundred ninety-three. The liquor
44 authority, in its discretion, may authorize the removal of any such
45 licensed premises to a different location on the same street or avenue,
46 within two hundred feet of said school, church, synagogue or other place
47 of worship, provided that such new location is not within a closer
48 distance to such school, church, synagogue or other place of worship.
49 (d) within the context of this subdivision, the word “entrance” shall
50 mean a door of a school, of a house of worship, or of premises licensed
51 and operating pursuant to this section and sections sixty-four, sixty-
52 four-a, sixty-four-b, sixty-four-c, sixty-four-d, and/or sixty-four-f of
53 this article or of the premises sought to be licensed, regularly used to
54 give ingress to students of the school, to the general public attending
55 the place of worship, and to patrons or guests of the premises licensed
56 and operating pursuant to this section and sections sixty-four, sixty-
four-a, sixty-four-b, sixty-four-c, sixty-four-d and/or sixty-four-f of
2 this article or of the premises sought to be licensed, except that where
3 a school or house of worship or premises licensed and operating pursuant
4 to this section and sections sixty-four, sixty-four-a, sixty-four-b,
5 sixty-four-c, sixty-four-d, and/or sixty-four-f of this article or the
6 premises sought to be licensed is set back from a public thoroughfare,
7 the walkway or stairs leading to any such door shall be deemed an
8 entrance; and the measurement shall be taken to the center of the walk-
9 way or stairs at the point where it meets the building line or public
10 thoroughfare. A door which has no exterior hardware, or which is used
11 solely as an emergency or fire exit, or for maintenance purposes, or
12 which leads directly to a part of a building not regularly used by the
13 general public or patrons, is not deemed an “entrance”.
14 (d-1) within the context of this subdivision, a building occupied as a
15 place of worship does not cease to be “exclusively” occupied as a place
16 of worship by incidental uses that are not of a nature to detract from
17 the predominant character of the building as a place of worship, such
18 uses which include, but which are not limited to: the conduct of legally
19 authorized games of bingo or other games of chance held as a means of
20 raising funds for the not-for-profit religious organization which
21 conducts services at the place of worship or for other not-for-profit
22 organizations or groups; use of the building for fund-raising perform-
23 ances by or benefitting the not-for-profit religious organization which
24 conducts services at the place of worship or other not-for-profit organ-
25 izations or groups; the use of the building by other religious organiza-
26 tions or groups for religious services or other purposes; the conduct of
27 social activities by or for the benefit of the congregants; the use of
28 the building for meetings held by organizations or groups providing
29 bereavement counseling to persons having suffered the loss of a loved
30 one, or providing advice or support for conditions or diseases includ-
31 ing, but not limited to, alcoholism, drug addiction, cancer, cerebral
32 palsy, Parkinson’s disease, or Alzheimer’s disease; the use of the
33 building for blood drives, health screenings, health information meet-
34 ings, yoga classes, exercise classes or other activities intended to
35 promote the health of the congregants or other persons; and use of the
36 building by non-congregant members of the community for private social
37 functions. The building occupied as a place of worship does not cease to
38 be “exclusively” occupied as a place of worship where the not-for-profit
39 religious organization occupying the place of worship accepts the
40 payment of funds to defray costs related to another party’s use of the
41 building.
42 8. Any license issued pursuant to this section shall be subject to 9
43 NYCRR §48.3.
[Dance Regulation Comment – the following sections do not seem to have anything to do with Dance or Music]
44 § 2. Subdivision 4 of section 66 of the alcoholic beverage control
45 law, as amended by chapter 703 of the laws of 2022, is amended to read
46 as follows:
47 4. The annual fee for a license, under section sixty-four [or],
48 sixty-four-a, sixty-four-b, sixty-four-d, or sixty-four-g of this arti-
49 cle, to sell liquor at retail to be consumed on the premises where sold
50 shall be twenty-one hundred seventy-six dollars in the counties of New
51 York, Kings, Bronx and Queens; fifteen hundred thirty-six dollars in the
52 county of Richmond and in cities having a population of more than one
53 hundred thousand and less than one million; twelve hundred sixteen
54 dollars in cities having a population of more than fifty thousand and
55 less than one hundred thousand; and the sum of eight hundred ninety-six
56 dollars elsewhere; except that the license fees for catering establish-
- 9005 58 A. 10005
1 ments and off-premises catering establishments shall be two-thirds the
2 license fee specified herein and for clubs, except luncheon clubs and
3 golf clubs, shall be seven hundred fifty dollars in counties of New
4 York, Kings, Bronx and Queens; five hundred dollars in the county of
5 Richmond and in cities having a population of more than one hundred
6 thousand and less than one million; three hundred fifty dollars in
7 cities having a population of more than fifty thousand and less than one
8 hundred thousand; and the sum of two hundred fifty dollars elsewhere.
9 The annual fees for luncheon clubs shall be three hundred seventy-five
10 dollars, and for golf clubs in the counties of New York, Kings, Bronx,
11 Queens, Nassau, Richmond and Westchester, two hundred fifty dollars, and
12 elsewhere one hundred eighty-seven dollars and fifty cents. Notwith-
13 standing any other provision of law to the contrary, there shall be no
14 annual fee for a license, under section sixty-four, to sell liquor at
15 retail to be consumed on the premises where the applicant is an organ-
16 ization organized under section two hundred sixty of the military law
17 and incorporated pursuant to the not-for-profit corporation law.
18 Provided, however, that where any premises for which a license is issued
19 pursuant to section sixty-four [or], sixty-four-a, or sixty-four-g of
20 this article remain open only within the period commencing April first
21 and ending October thirty-first of any one year, or only within the
22 period commencing October first and ending the following April thirti-
23 eth, the liquor authority may, in its discretion, grant a summer or
24 winter license effective only for such appropriate period of time, for
25 which a license fee shall be paid to be pro-rated for the period for
26 which such license is effective, at the rate provided for in the city,
27 town or village in which such premises are located, except that no such
28 license fee shall be less than one-half of the regular annual license
29 fee; provided further that where the premises to be licensed are a race
30 track or a golf course or are licensed pursuant to section sixty-four or
31 sixty-four-a of this article, the period of such summer license may
32 commence March first and end November thirtieth.
33 Where a hotel, restaurant, club, golf course or race track is open
34 prior to April first and/or subsequent to October thirty-first by reason
35 of the issuance of a caterer’s permit or permits issued by the authori-
36 ty, such fact alone shall not affect the eligibility of the premises or
37 the person owning or operating such hotel, restaurant, club, golf course
38 or race track for a summer license.
39 § 3. Section 67 of the alcoholic beverage control law, as amended by
40 chapter 523 of the laws of 2023, is amended to read as follows:
41 § 67. License fees, duration of licenses; fee for part of year.
42 Effective April first, nineteen hundred eighty-three, licenses issued
43 pursuant to sections sixty-one, sixty-two, sixty-three, sixty-four,
44 sixty-four-a, sixty-four-b, sixty-four-c and sixty-four-e of this arti-
45 cle shall be effective for three years at three times that annual fee,
46 except that, in implementing the purposes of this section, the liquor
47 authority shall schedule the commencement dates, duration and expiration
48 dates thereof to provide for an equal cycle of license renewals issued
49 under each such section through the course of the fiscal year. Effective
50 December first, nineteen hundred ninety-eight, licenses issued pursuant
51 to sections sixty-four, sixty-four-a [and], sixty-four-b, sixty-four-d,
52 sixty-four-f, and sixty-four-g of this article shall be effective for
53 two years at two times that annual fee, except that, in implementing the
54 purposes of this section, the liquor authority shall schedule the
55 commencement dates, duration and expiration dates thereof to provide for
56 an equal cycle of license renewals issued under each such section
- 9005 59 A. 10005
1 through the course of the fiscal year. Notwithstanding the foregoing,
2 commencing on December first, nineteen hundred ninety-eight and conclud-
3 ing on July thirty-first, two thousand two, a licensee issued a license
4 pursuant to section sixty-four, sixty-four-a or sixty-four-b of this
5 article may elect to remit the fee for such license in equal annual
6 installments. Such installments shall be due on dates established by the
7 liquor authority and the failure of a licensee to have remitted such
8 annual installments after a due date shall be a violation of this chap-
9 ter. For licenses issued for less than the three-year licensing period,
10 the license fee shall be levied on a pro-rated basis. The entire license
11 fee shall be due and payable at the time of application. The liquor
12 authority may make such rules as shall be appropriate to carry out the
13 purpose of this section.
14 § 4. Subdivision 1 of section 110-a of the alcoholic beverage control
15 law, as added by chapter 77 of the laws of 1999, is amended to read as
16 follows:
17 1. Every person applying for a license to sell alcoholic beverages
18 pursuant to subdivision four of section fifty-one, or section fifty-
19 five, sixty-four, sixty-four-a, sixty-four-b, sixty-four-c,
20 sixty-four-d, sixty-four-f, sixty-four-g, eighty-one or eighty-one-a of
21 this chapter shall publish notice thereof pursuant to subdivision two of
22 this section.
23 § 5. Subdivision 1 of section 110-b of the alcoholic beverage control
24 law, as amended by chapter 342 of the laws of 2025, is amended to read
25 as follows:
26 1. Not more than two hundred seventy days before filing any of the
27 following applications, an applicant shall notify the municipality in
28 which the premises is located of such applicant’s intent to file such an
29 application:
30 (a) for a license issued pursuant to section fifty-five, fifty-five-a,
31 sixty-four, sixty-four-a, sixty-four-b, sixty-four-c, sixty-four-d,
32 sixty-four-f, sixty-four-g, eighty-one or eighty-one-a of this chapter;
33 (b) for a renewal under section one hundred nine of this chapter of a
34 license issued pursuant to section fifty-five, fifty-five-a, sixty-four,
35 sixty-four-a, sixty-four-c, sixty-four-d, sixty-four-f, sixty-four-g,
36 eighty-one or eighty-one-a of this chapter if the premises is located
37 within the city of New York;
38 (c) for approval of an alteration under section ninety-nine-d of this
39 chapter if the premises is located within the city of New York and
40 licensed pursuant to section fifty-five, fifty-five-a, sixty-four,
41 sixty-four-a, sixty-four-c, sixty-four-d, sixty-four-f, sixty-four-g,
42 eighty-one or eighty-one-a of this chapter;
43 (d) for approval of a substantial corporate change under section nine-
44 ty-nine-d of this chapter if the premises is located within the city of
45 New York and licensed pursuant to section fifty-five, fifty-five-a,
46 sixty-four, sixty-four-a, sixty-four-c, sixty-four-d, sixty-four-f,
47 sixty-four-g, eighty-one or eighty-one-a of this chapter; or
48 (e) for a temporary retail permit issued under paragraph (b) of subdi-
49 vision one of section ninety-seven-a of this chapter where the estab-
50 lishment is to be licensed pursuant to section fifty-five, fifty-five-a,
51 sixty-four, sixty-four-a, sixty-four-b, sixty-four-c, sixty-four-d,
52 sixty-four-f, sixty-four-g, eighty-one or eighty-one-a of this chapter
53 located in a city with a population of one million or more people. If an
54 applicant subject to this paragraph shall, after filing an application
55 for a retail license and providing proper notice for such application
56 pursuant to paragraph (a) of this subdivision, subsequently file an
- 9005 60 A. 10005
1 application for a temporary retail permit pursuant to section ninety-
2 seven-a of this chapter at the same premises, such applicant must file
3 additional notice pursuant to this paragraph; provided, however, such
4 notice will be effective at the later of its proper service under this
5 section or thirty days from the date proper notice was served under
6 paragraph (a) of this subdivision for the license at the same premises.
7 § 6. This act shall take effect on the one hundred eightieth day after
8 it shall have become a law and shall apply to all applications received
9 by the authority on or after such effective date; provided, however,
10 that if chapter 342 of the laws of 2025 shall not have taken effect on
11 or before such date then section five of this act shall take effect on
12 the same date and in the same manner as such chapter of the laws of 2025
13 takes effect. Effective immediately, the addition, amendment, and/or
14 repeal of any rule or regulation necessary for the implementation of
15 this act on its effective date are authorized to be made and completed
16 on or before such effective date.
Part Q – Eliminate Outdated Restrictions on Dancing Memorandum
Part Q – Eliminate Outdated Restrictions on Dancing
[Dance Regulation Comment – Part Q of the Bill contains 4 other sections having nothing to do with Dine and Dance]
Purpose:
This bill would amend the Alcoholic Beverage Control (ABC) Law to create a hybrid Dine and Dance on-premises liquor license. This license would specifically stipulate that licensees may allow dancing.
Summary of Provisions and Statement in Support:
This bill would amend ABC Law to add a new section 64-g, creating a Dine and Dance license, which would allow patron and/or employee dancing at the establishment. The fees, duration of license, municipal notification process, and allowance for temporary retail permits are the same as other existing on-premises liquor licenses. This new license would clarify requirements by specifically stipulating that dancing is allowed at the establishment.
Budget Implications:
Enactment of this bill is necessary to implement the FY 2027 Executive Budget because it is a vital component of the Governor’s comprehensive agenda on economic development and community investment.
Effective Date:
This bill would take effect 180 days after enactment
State Senate Staff Analysis Part Q
New York State Senate Democratic Majority
Staff Analysis of the SFY 2026-27
Executive Budget
Eliminate Outdated Restrictions on Dancing (PPGG Part Q):
The Executive Budget proposes to create a new type of liquor license called the Dine and Dance license, which would be available to locations that serve food alongside having live music, DJ music, or prerecorded music and providing a space for patrons or employees to dance, though exotic dancing is prohibited. The SLA can currently issue a cabaret liquor license to locations that provide musical entertainment and dancing, but only if that location can accommodate 600 or more people. This license type would not have a capacity limitation. Cabaret licenses also do not require the sale of food, unlike this license type. The Dine and Dance license would allow such premises to sell liquor and all other types of alcoholic beverages for on-premises consumption. The Dine and Dance license would be subject to municipal notice requirements, the 200-foot rule from schools and houses of worship, and the 500-foot rule from three or more other on-premises liquor licensed locations. The SLA would also be able to issue temporary permits to applicants for this license type. The SLA would use the public interest test when determining whether to grant this type of license and must show good cause to refuse to issue one. The fee for this license type would be the same as for the regular liquor license, and the license would last for two years.
