Relates to the exemption of certain parcels of land from the licensing restrictions prohibiting manufacturers, wholesalers and retailers of alcoholic beverages from sharing an interest in a licensed premises.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10890
SPONSOR: Glick TITLE OF BILL:
An act to amend the alcoholic beverage control law, in relation to the
exemption of certain parcels of land from the licensing restrictions
prohibiting manufacturers, wholesalers and retailers of alcoholic bever-
ages from sharing an interest in a licensed premises; and providing for
the repeal of such provision upon expiration thereof
PURPOSE OR GENERAL IDEA OF BILL:
This bill would add a limited location to the list of premises exempt
from the provisions of law that restrict manufacturers/wholesalers and
retailers from sharing an interest in a retail liquor license.
SUMMARY OF PROVISIONS:
Section one of the bill would amend section 101 of the Alcoholic Bever-
age Control law, which relates to restricting the relationships between
retailers and manufacturers and wholesalers, by adding a specific parcel
in the Borough of Manhattan to the list of locations exempt from the
law.
Section two sets forth the effective date.
JUSTIFICATION:
Since Prohibition was repealed in the 1930s, New York State law has
restricted holders of alcohol manufacturing and wholesale licenses from
having any interest in a retail license and vice-versa. These "tied-
house" laws have been amended on occasion to exempt certain properties,
narrowly tailored to prevent undue market influence by identifying
select parcels of land.
This bill would permit international wine merchant Kermit Lynch, who has
a longstanding wholesale presence in New York, to continue its oper-
ations notwithstanding its interest in a retail license in California.
The California license does not operate in or affect the New York
market, and the relationship between the two tiers is therefore de
minimis with respect to the concerns the tied-house laws were designed
to address. The exemption is confined to a single floor of a parcel in
lower Manhattan, and is limited to interests acquired prior to the
effective date of this legislation.
PRIOR LEGISLATIVE HISTORY:
None.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
10890
IN ASSEMBLY
April 8, 2026
___________
Introduced by M. of A. GLICK -- read once and referred to the Committee
on Economic Development
AN ACT to amend the alcoholic beverage control law, in relation to the
exemption of certain parcels of land from the licensing restrictions
prohibiting manufacturers, wholesalers and retailers of alcoholic
beverages from sharing an interest in a licensed premises; and provid-
ing for the repeal of such provision upon expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (a) of subdivision 1 of section 101 of the alco-
2 holic beverage control law is amended by adding a new subparagraph (xix)
3 to read as follows:
4 (xix) Any licensed manufacturer or wholesaler located on the fifth
5 floor of all that certain plot, piece or parcel of land, situate, lying
6 and being in the borough of Manhattan, city, county and state of New
7 York, bounded and described as follows:
8 Beginning at a point on the easterly side of Greene Street, distant
9 138 feet 6 inches southerly from the corner formed by the intersection
10 of the easterly side of Greene Street with the southerly side of Prince
11 Street; running thence easterly on a line parallel with the southerly
12 side of Prince Street and for part of the distance through a party wall,
13 100 feet 1/2 of an inch to the easterly face of the easterly wall of the
14 building on the premises herein described; thence southerly along said
15 easterly face and on a line parallel or nearly so with the easterly side
16 of Greene Street, 12 feet; thence easterly nearly parallel with the
17 southerly side of Prince Street and along the southerly line of ground
18 now or formerly belonging to William M. Simore, 100 feet 2-1/2 to the
19 westerly side of Mercer Street, with the southerly side of Prince
20 Street; thence southerly along the westerly side of Mercer Street, 50
21 feet to the southerly line of Lot 136 on the map of Bayard's West Farms;
22 thence westerly along said southerly line nearly parallel with the
23 southerly side of Prince Street and part of the distance through a
24 party wall, 100 feet 2 inches to the easterly face of the easterly wall
25 of the building on the premises therein described; thence southerly
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15257-01-6
A. 10890 2
1 along said easterly face and on a line parallel with the easterly side
2 of Greene Street, 25 feet 5 inches; thence westerly on a line nearly
3 parallel with the southerly side of Prince Street and part of the
4 distance through a party wall, 100 feet 1 inch to the easterly side of
5 Greene Street; and thence northerly along the easterly side of Greene
6 Street; and thence northerly along the easterly side of Greene Street,
7 87 feet 6 inches to the point or place of beginning. Provided however,
8 that with respect to such manufacturer's or wholesaler's interest in a
9 retail licensee, such interest must have been acquired prior to the
10 effective date of the chapter of the laws of two thousand twenty-six
11 which added this subparagraph.
12 § 2. This act shall take effect immediately; provided, however, that
13 upon the sale or transfer of the parcel detailed in subparagraph (xix)
14 of paragraph (a) of subdivision 1 of section 101 of the alcoholic bever-
15 age control law, as added by section one of this act, such subparagraph
16 shall expire and be deemed repealed unless the licensee immediately
17 obtains a leasehold upon such sale or transfer of such parcel as part of
18 the sale or transfer. If the licensee obtains such a leasehold, the
19 subparagraph pertaining to such parcel shall expire and be deemed
20 repealed upon the end or termination of such lease. The state liquor
21 authority shall notify the legislative bill drafting commission upon
22 notification by the licensee of the sale, transfer or termination of the
23 leasehold, or non-renewal of the leasehold of the parcels detailed in
24 subparagraph (xix) of paragraph (a) of subdivision 1 of section 101 of
25 the alcoholic beverage control law in order that the commission may
26 maintain an accurate and timely effective data base of the official text
27 of the laws of the state of New York in furtherance of effectuating the
28 provisions of section 44 of the legislative law and section 70-b of the
29 public officers law.
