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.
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.
