Permits a retail licensee for on-premises consumption or a manufacturer with retail on-premises consumption privileges, as provided for in the alcoholic beverage control law and licensed by the state liquor authority, to sell for takeout and delivery alcoholic beverages for off-premises consumption; provides that it shall be unlawful for a retail licensee for on-premises consumption or a manufacturer with retail on-premises consumption privileges, pursuant to this act: to sell for takeout or delivery alcoholic beverages in quantities greater than otherwise permitted by this act, such prohibition shall be inclusive of full bottles of wine, mead or liquor; to advertise or promote the sale of full bottles of wine, mead, or liquor for off-premises consumption; or to display full bottles of wine, mead, or liquor for the purpose of promoting the sale of such products for off-premises consumption.
STATE OF NEW YORK
________________________________________________________________________
7732
2021-2022 Regular Sessions
IN ASSEMBLY
May 20, 2021
___________
Introduced by M. of A. CYMBROWITZ -- read once and referred to the
Committee on Economic Development
AN ACT permitting a retail licensee for on-premises consumption or a
manufacturer with retail on-premises consumption privileges to sell
for takeout and deliver alcoholic beverages for off-premises consump-
tion; and providing for the repeal of such provisions upon expiration
thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. (a) The intent of this act is to provide relief to a retail
2 licensee for on-premises consumption or a manufacturer with retail
3 on-premises consumption privileges, as provided for in the alcoholic
4 beverage control law, in relation to permitting the takeout or delivery
5 of alcoholic beverages.
6 (b) Notwithstanding any other provision of law to the contrary, a
7 retail licensee for on-premises consumption or a manufacturer with
8 retail on-premises consumption privileges, as provided for in the alco-
9 holic beverage control law and licensed by the state liquor authority
10 (hereinafter referred to as "the authority"), and in accordance with
11 their license, may sell for takeout or delivery certain alcoholic bever-
12 ages that it is currently licensed to sell for on-premises consumption.
13 Such licensee may only sell for takeout or deliver for consumption off
14 the premises alcoholic beverages containing wine, mead, or liquor for
15 which such licensee is licensed to sell for consumption on the premises
16 to a person twenty-one years of age or older. A retail licensee for
17 on-premises consumption or a manufacturer with retail on-premises
18 consumption privileges shall only permit the takeout or delivery sale of
19 authorized alcoholic beverages:
20 (i) only with the purchase of an entree or meal;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11182-05-1
A. 7732 2
1 (ii) the alcoholic beverages are packaged in a container with a secure
2 lid or cap sealed in a manner designed to prevent consumption without
3 removal of the lid or cap by breaking the seal;
4 (iii) per entree or meal and in individually sized servings that are
5 either in manufacturer sealed containers or containers provided by
6 licensees that meet the requirements of this act: up to two servings,
7 not to exceed five fluid ounces of wine or mead per serving; a serving,
8 not to exceed ten fluid ounces of wine or mead which shall be mixed with
9 any non-alcoholic beverage; or, up to two servings, not to exceed three
10 fluid ounces of liquor per serving which may be mixed with any non-alco-
11 holic beverage;
12 (iv) takeout or delivery of alcoholic beverages are consistent with
13 state and municipal open container laws, rules, regulations or ordi-
14 nances;
15 (v) takeout and delivery are only authorized during licensed hours of
16 operation of the county in which the premises are located or, if differ-
17 ent, the hours of operation set forth in the licensee's method of opera-
18 tion with the authority; and
19 (vi) It shall be unlawful for a retail licensee for on-premises
20 consumption or a manufacturer with retail on-premises consumption privi-
21 leges, pursuant to this act: (A) to sell for takeout or delivery alco-
22 holic beverages in quantities greater than otherwise permitted by this
23 act; such prohibition shall be inclusive of full bottles of wine, mead
24 or liquor; (B) to advertise or promote the sale of full bottles of wine,
25 mead, or liquor for off-premises consumption; or (C) to display full
26 bottles of wine, mead, or liquor for the purpose of promoting the sale
27 of such products for off-premises consumption.
28 (c) Deliveries made via motor vehicle shall only be made in (i) a
29 vehicle permitted by the authority, or (ii) in a vehicle owned and oper-
30 ated, or hired and operated, by the licensee or its employee; provided,
31 that a copy of the permit or license must be present in such vehicle
32 while making deliveries. Delivery drivers shall be required to verify
33 that delivery of alcoholic beverages shall only be to those twenty-one
34 years of age and older.
35 (d) Nothing in this act shall be construed to change the existing
36 privilege of a retail licensee for on-premises consumption or a manufac-
37 turer with retail on-premises consumption privileges to sell beer or
38 cider for consumption off the premises as currently provided for in the
39 alcoholic beverage control law. Provided, further, that nothing
40 contained in this act shall be deemed to supersede the provisions of
41 section 1227 of the vehicle and traffic law.
42 (e) The authority may promulgate guidance, rules and regulations
43 necessary to implement the provisions of this act.
44 (f) The authority may, on its own initiative or on complaint of any
45 person, institute proceedings to suspend or revoke a licensee's ability
46 to sell for takeout or delivery alcoholic beverages pursuant to this act
47 after a hearing, in accordance with section 119 of the alcoholic bever-
48 age control law, at which such licensee shall be given an opportunity to
49 be heard. Such proceedings and such hearing shall be held in such
50 manner and upon such notice as may be prescribed by the rules of the
51 authority.
52 § 2. This act shall take effect immediately and shall expire and be
53 deemed repealed one year after it shall have become a law.
