A 5935: Relates to allowing bed and breakfasts to sell cider, liquor, beer and wine on the licensed premises.

  
  STATE OF NEW YORK ________________________________________________________________________ 5935 2025-2026 Regular Sessions  IN ASSEMBLY February 25, 2025 ___________ Introduced by M. of A. P. CARROLL -- read once and referred to the Committee on Economic Development AN ACT to amend the alcoholic beverage control law, in relation to allowing bed and breakfasts to sell cider, liquor, beer and wine The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 4 of section 51 of the alcoholic beverage 2 control law, as amended by chapter 431 of the laws of 2014, is amended 3 to read as follows: 4 4. A licensed brewery may operate a restaurant, a hotel, an establish- 5 ment designated and commonly known and operated as a bed and breakfast, 6 a catering establishment, or other food and drinking establishment in or 7 adjacent to the licensed premises and sell at such place, at retail for 8 consumption on the premises, beer manufactured by the licensee and any 9 New York state labeled beer. All of the provisions of this chapter rela- 10 tive to licenses to sell beer at retail for consumption on the premises 11 shall apply so far as applicable to such licensee. Notwithstanding any 12 other provision of law, the licensed brewer may apply to the liquor 13 authority for a license to sell beer, wine or liquor at retail for 14 consumption on the premises at such establishment. All of the provisions 15 of this chapter relative to licenses to sell beer, wine or liquor at 16 retail for consumption on the premises shall apply so far as applicable 17 to such application. 18 § 2. Paragraph (g) of subdivision 2 of section 51-a of the alcoholic 19 beverage control law, as amended by chapter 522 of the laws of 2018, is 20 amended to read as follows: 21 (g) operate a restaurant, a hotel, an establishment designated and 22 commonly known and operated as a bed and breakfast, a catering estab- 23 lishment, or other food and drinking establishment in or adjacent to the 24 licensed premises and sell at such place, at retail for consumption on 25 the premises, beer, cider, and braggot manufactured by the licensee and EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01868-01-5 
 A. 5935 2 1 any New York state labeled beer, New York state labeled braggot or New 2 York state labeled cider. All of the provisions of this chapter relative 3 to licenses to sell beer, cider, and braggot at retail for consumption 4 on and off the premises shall apply so far as applicable to such licen- 5 see. Notwithstanding any other provision of law, the licensed farm 6 brewery may apply to the authority for a license under this chapter to 7 sell other alcoholic beverages at retail for consumption on the premises 8 at such establishment; 9 § 3. Subparagraph (ii) of paragraph (f) of subdivision 2 of section 10 58-c of the alcoholic beverage control law, as amended by chapter 431 of 11 the laws of 2014, is amended to read as follows: 12 (ii) operate a restaurant, a hotel, an establishment designated and 13 commonly known and operated as a bed and breakfast, a catering estab- 14 lishment, or other food and drinking establishment in or adjacent to the 15 licensed premises and sell at such place, at retail for consumption on 16 the premises, cider manufactured by the licensee and any New York state 17 labeled cider. All of the provisions of this chapter relative to licen- 18 sees to selling cider at retail shall apply. Notwithstanding any other 19 provision of law, the licensed farm cidery may apply to the authority 20 for a license under this chapter to sell other alcoholic beverages at 21 retail for consumption on the premises at such establishment; 22 § 4. Subparagraph (ii) of paragraph (e) of subdivision 2-c of section 23 61 of the alcoholic beverage control law, as amended by chapter 431 of 24 the laws of 2014, is amended to read as follows: 25 (ii) operate a restaurant, a hotel, an establishment designated and 26 commonly known and operated as a bed and breakfast, a catering estab- 27 lishment, or other food and drinking establishment in or adjacent to the 28 licensed premises and sell at such place, at retail for consumption on 29 the premises, liquor manufactured by the licensee and any New York state 30 labeled liquor. All of the provisions of this chapter relative to 31 licenses to sell liquor at retail for consumption on the premises shall 32 apply so far as applicable to such licensee. Notwithstanding any other 33 provision of law, the licensee may apply to the authority for a license 34 under this chapter to sell other alcoholic beverages at retail for 35 consumption on the premises at such establishment. 36 § 5. Subdivision 5-a of section 64 of the alcoholic beverage control 37 law, as added by chapter 480 of the laws of 2003, is amended to read as 38 follows: 39 5-a. Notwithstanding the provisions of subdivision five of this 40 section, a liquor license may be issued under this section to an estab- 41 lishment designated and commonly known and operated as a "bed and break- 42 fast" regardless of whether or not a restaurant is operated in such 43 establishment[, provided that such license shall only permit the sale of 44 alcoholic beverages to overnight guests of such establishment]. 45 § 6. Subdivision 4-a of section 76 of the alcoholic beverage control 46 law, as amended by chapter 522 of the laws of 2018, is amended to read 47 as follows: 48 4-a. A licensed winery may operate a restaurant, a hotel, an estab- 49 lishment designated and commonly known and operated as a bed and break- 50 fast, a catering establishment, or other food and drinking establishment 51 in or adjacent to the licensed premises and sell at such place, at 52 retail for consumption on the premises, wine, mead and wine products 53 manufactured by the licensee and any New York state labeled wine, mead 54 or New York state labeled wine product. All of the provisions of this 55 chapter relative to licenses to sell wine at retail for consumption on 56 the premises shall apply so far as applicable to such licensee. 
 A. 5935 3 1 Notwithstanding any other provision of law, the licensed winery may 2 apply to the authority for a license under article four of this chapter 3 to sell other alcoholic beverages at retail for consumption on the prem- 4 ises at such establishment. 5 § 7. Paragraph (f) of subdivision 2 of section 76-a of the alcoholic 6 beverage control law, as amended by chapter 522 of the laws of 2018, is 7 amended to read as follows: 8 (f) operate a restaurant, a hotel, an establishment designated and 9 commonly known and operated as a bed and breakfast, a catering estab- 10 lishment, or other food and drinking establishment in or adjacent to the 11 licensed premises and sell at such place, at retail for consumption on 12 the premises, wine, cider, and mead manufactured by the licensee and any 13 New York state labeled wine, New York state labeled cider, New York 14 state labeled mead or New York state labeled wine product. All of the 15 provisions of this chapter relative to licenses to sell wine at retail 16 for consumption on the premises shall apply so far as applicable to such 17 licensee. Notwithstanding any other provision of law, the licensed farm 18 winery may apply to the authority for a license under this chapter to 19 sell other alcoholic beverages at retail for consumption on the premises 20 at such establishment. 21 § 8. This act shall take effect immediately.