NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9284
SPONSOR: Septimo TITLE OF BILL:
An act to amend the alcoholic beverage control law, in relation to
applications for licenses to sell liquor and wine at grocery stores
PURPOSE OR GENERAL IDEA OF BILL::
To allow grocery stores to sell wine and liquor.
SUMMARY OF PROVISIONS::
Section one and two remove the current prohibitions on grocery stores,
which shall include bodegas per ABCL § 3(13), selling liquor and wine
respectively. Section three allows existing grocery stores to be grand-
fathered into the 200-foot rule which prohibits liquor stores from being
located near schools and places of worship and removes the prohibition
on an individual holding more than one license to sell liquor or wine.
Section four provides for an effective date of January 1, 2026.
JUSTIFICATION::
The current prohibition on grocery stores selling wine and liquor is a
relic of the Prohibition era. Originally intended to combat corruption,
this outdated rule now only serves to require New Yorkers to make multi-
ple stops at different stores while buying their food and beverages for
the week. Across the United States, roughly 20 states authorize grocery
stores to sell beer, wine, and liquor, ranging from large states includ-
ing California and Illinois to our Northeast neighbors like Massachu-
setts and Maine. However, New York has yet to modernize its archaic
liquor laws and give consumers the convenience and choice they deserve,
despite widespread public support.
In addition to its benefits for consumers, this legislation would help
address a concerning lag in revenue for our state's vineyards and winer-
ies. It would also boost New York's growing craft spirits industry. Our
state's distilleries are a crucial economic engine, particularly in
Upstate New York, and produce a halo effect of positive benefits to our
agriculture and manufacturing businesses.
This legislation will also help small businesses by allowing small- and
mid-sized outlets to sell wine and spirits, in addition to large retail
chains. Data from other states demonstrates that this bill will not harm
New York's liquor stores, which provide specialized products and superi-
or customer service and will continue to play a major role in the
state's retail economy. In fact, liquor stores continue to thrive post-
COVID in states that allow grocery stores to sell wine and liquor. For
example, in South Carolina, where consumers can purchase beer, wine, and
liquor from grocery stores, the number of liquor stores per capita
increased by 16% from 2020 to 2023.
Grocery retailers can already sell New York wine and spirits in other
states. These stores-from major chains to small, independent outlets-
want the option to sell our homegrown products to New York-based custom-
ers as well. This common-sense change would dramatically improve the
experience of hardworking consumers and create new markets for New
York's wine and spirits producers.
By adopting this legislation, New York takes a significant step toward
enhancing consumer convenience, supporting local businesses, and modern-
izing its alcohol regulations.
PRIOR LEGISLATIVE HISTORY::
New Bill - Introduced in the 2025 Legislative Session.
FISCAL IMPLICATIONS::
None to the State.
EFFECTIVE DATE::
January 1, 2026.
STATE OF NEW YORK
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9284
2025-2026 Regular Sessions
IN ASSEMBLY
November 21, 2025
___________
Introduced by M. of A. SEPTIMO -- read once and referred to the Commit-
tee on Economic Development
AN ACT to amend the alcoholic beverage control law, in relation to
applications for licenses to sell liquor and wine at grocery stores
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 63 of the alcoholic beverage control law is amended
2 by adding a new subdivision 5-a to read as follows:
3 5-a. Notwithstanding subdivisions four and five of this section, any
4 person may make an application for a license to sell liquor at a grocery
5 store.
6 § 2. Section 79 of the alcoholic beverage control law is amended by
7 adding a new subdivision 5 to read as follows:
8 5. Notwithstanding subdivisions two and three of this section, any
9 person may make an application for a license to sell wine at a grocery
10 store.
11 § 3. Paragraph (a) of subdivision 3 and subdivision 16 of section 105
12 of the alcoholic beverage control law, paragraph (a) of subdivision 3 as
13 amended by chapter 406 of the laws of 2007 and subdivision 16 as amended
14 by chapter 621 of the laws of 1944, are amended to read as follows:
15 (a) No retail license to sell liquor and/or wine for off-premises
16 consumption shall be granted for any premises which shall be located on
17 the same street or avenue, and within two hundred feet of a building
18 occupied exclusively as a school, church, synagogue or other place of
19 worship; the measurements to be taken in a straight line from the center
20 of the nearest entrance to the building used for such school, church,
21 synagogue or other place of worship to the center of the nearest
22 entrance of the premises to be licensed; except, however, that no
23 license shall be denied to any premises at which a license under this
24 chapter has been in existence continuously from a date prior to the date
25 when a building on the same street or avenue and within two hundred feet
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14103-01-5
A. 9284 2
1 of said premises has been occupied exclusively as a school, church,
2 synagogue or other place of worship. Notwithstanding any provisions of
3 this subdivision to the contrary, such restrictions shall not apply to
4 any grocery stores with a valid wholesaler's license issued pursuant to
5 section fifty-three of this chapter in operation prior to January first,
6 two thousand twenty-five.
7 16. No retail licensee to sell liquors and/or wines for off-premises
8 consumption shall be interested, directly or indirectly, in any premises
9 where liquors, wines or beer are manufactured or sold at wholesale or
10 any other premises where liquor or wine is sold at retail for off-prem-
11 ises consumption, by stock ownership, interlocking directors, mortgage
12 or lien on any personal or real property or by any other means;
13 provided, however, that nothing in this subdivision shall apply to a
14 retail license to sell liquors and/or wines for off-premises consumption
15 at a grocery store. Any lien, mortgage or other interest or estate,
16 however, now held by such retailer on or in the personal or real proper-
17 ty of such manufacturer or wholesaler, which mortgage, lien, interest or
18 estate was acquired on or before December thirty-first, nineteen hundred
19 thirty-two, shall not be included within the provisions of this subdivi-
20 sion; provided, however, the burden of establishing the time of the
21 accrual of the interest comprehended by this subdivision, shall be upon
22 the person who claims to be entitled to the protection and exemption
23 afforded hereby.
24 § 4. This act shall take effect January 1, 2026.
