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.
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.
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.
