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A07732 Summary:

BILL NOA07732
 
SAME ASSAME AS S00589-A
 
SPONSORCymbrowitz
 
COSPNSRBurke, Buttenschon, Pichardo, Santabarbara, Woerner, Fahy, Lupardo, Jacobson, McDonald, Richardson, Simon
 
MLTSPNSR
 
 
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 deliver 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.
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A07732 Actions:

BILL NOA07732
 
05/20/2021referred to economic development
05/24/2021reported referred to codes
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A07732 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7732
 
SPONSOR: Cymbrowitz
  TITLE OF BILL: 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 consumption; and providing for the repeal of such provisions upon expiration thereof   PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to permit retail licensee for on-premises consumption or a manufacturer with retail on-premises consumption privi- leges to sell for takeout and deliver alcoholic beverages for off-prem- ises consumption, subject to certain restrictions.   SUMMARY OF SPECIFIC PROVISIONS: Section one amends the unconsolidated law as follows: Authorizes a retail licensee for retail licensee for on-premises consumption or a manufacturer with retail on-premises consumption privi- leges may sell and/or deliver wine, mead, or liquor for consumption off the premises where sold. Such licensee may only sell and/or deliver for off-premise consumption those alcoholic beverages containing wine, mead, or liquor for which the retailer is licensed, and when all of the following conditions are met: * with the purchase of a meal or entree and in individually sized serv- ings that are either in manufactured sealed containers or containers provided by licensees that meet the requirements of this act not to exceed the following volumes: up to 2 servings, not to exceed 5 fluid ounces for wine or mead; ten fluid ounces of wine or mean which shall be mixed with a non-alcoholic beverage; or up to two servings, not to exceed 3 fluid ounce which shall be mixed with any non-alcoholic bever- ages; * during the licensed hours of operation; * consistent with municipal open container ordinances; * in a closed, sealed container with a secure lid designed prevent consumption without removal of the cap or lid without breaking the seal; * No full bottles of wine, mead or liquor shall be sold. It shall be unlawful for a retail licensee for on-premises consumption or a manufac- turer with retail on-premises consumption privileges, pursuant to this act: (i) to sell for takeout or delivery alcoholic beverages in quanti- ties greater than otherwise permitted by this act, such prohibition shall be inclusive of full bottles of wine, mead or liquor; (ii)to advertise or promote the sale of full bottles of wine, mead, or liquor for off-premises consumption; or (iii) to display full bottles of wine, mead, or liquor for the purpose of promoting the sale of such products for off-premises consumption. * Deliveries made via motor vehicle shall only be made in (i) a vehicle permitted by the authority, or (ii) in a vehicle owned and operated, or hired and operated, by the licensee or its employee * Nothing in this act shall be deemed to supersede the provisions of section 1227 of the vehicle and traffic law. * Maintains existing ABCL in relation to on-premise retailer's ability sell beer and cider for off-premises consumption. Section two is the enacting clause   JUSTIFICATION: The 2019 novel coronavirus took an immense toll on the restaurant and hospitality industry in NYS and the future of food service in New York State is uncertain. More than 50% of businesses are unsure if they will re-open, and almost 4% predict they will permanently close. Surveys conducted by the NYS Restaurant Association and the NYC Hospitality Alliance attempt to quantify this almost incalculable loss. In NYS, the food service industry is estimated to have lost $3.6 billion in sales during April 2020, a 79% percent decline compared to April 2019. Restau- rants and food service jobs represent 9% of the state's workforce and more than 527,000 restaurant employees, or about 80%, have been laid off or furloughed. In an attempt to alleviate the economic hardships faced by the loss of revenue for on-premises consumption retailers, Governor Cuomo ordered the State Liquor Authority to permit the sale of wine, mead, and liquor for off-site consumption and promulgate guidance for such sales. This bill continues these privileges beyond the coronavirus emergency PAUSE order as an additional revenue stream to assist in the restaurant and food service industry's' immediate recovery and to ensure a healthy and profitable future. This bill does not impact the existing ability of on-premises retailers under the ABC Law to sell beer and cider for off-premises consumption. Sources: National Restaurant Association Restaurant Impact Survey (April 10-16) NYC Hospitality Business Status Survey (May 2020)   PRIOR LEGISLATIVE HISTORY: New bill 2021.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: To Be Determined   EFFECTIVE DATE: This act shall take effect immediately and be deemed repealed after one year.
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A07732 Text:



 
                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.
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