A 6931: Authorizes holders of certain licenses issued by the state liquor authority to engage in the sale or wholesale of ready-to-drink cocktails; corrects certain provisions regarding sale of mead and cider.

  
  STATE OF NEW YORK ________________________________________________________________________ 6931 2025-2026 Regular Sessions  IN ASSEMBLY March 18, 2025 ___________ Introduced by M. of A. TAPIA -- read once and referred to the Committee on Economic Development AN ACT to amend the alcoholic beverage control law and the tax law, in relation to authorizing holders of certain licenses authorizing the sale or wholesale of beer to engage in the sale or wholesale of read- y-to-drink cocktails The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "ready-to-drink cocktail retail sales act". 3 § 2. Section 3 of the alcoholic beverage control law is amended by 4 adding a new subdivision 23-a to read as follows: 5 23-a. "Ready-to-drink cocktail" or "RTD cocktail" shall mean a pre- 6 mixed beverage containing distilled spirits, not exceeding six percent 7 alcohol by volume, that is packaged for sale in sealed containers for 8 off-premises consumption. 9 § 3. Section 54 of the alcoholic beverage control law is amended by 10 adding a new subdivision 6 to read as follows: 11 6. A license to sell beer at retail for consumption off premises 12 issued under this section shall authorize the holder of such license to 13 sell ready-to-drink cocktails for consumption off premises. Any use of 14 the term "beer" as used in this section shall be deemed to apply also to 15 ready-to-drink cocktails; provided, however, that such application of 16 the term "beer" shall be limited to the provisions of this section and 17 shall not apply to the use of the term "beer" in any other section of 18 law, rule or regulation, unless such rule or regulation relates specif- 19 ically to the issuance of a license under this section. 20 § 4. Section 420 of the tax law is amended by adding a new subdivision 21 17 to read as follows: 22 17. "Ready-to-drink cocktail" or "RTD cocktail" shall mean a pre-mixed 23 beverage containing distilled spirits, not exceeding six percent alcohol EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10959-01-5 
 A. 6931 2 1 by volume, that is packaged for sale in sealed containers for off-prem- 2 ises consumption. 3 § 5. Paragraph (b) of subdivision 1 of section 424 of the tax law, as 4 amended by section 1 of part X-1 of chapter 57 of the laws of 2009, is 5 amended to read as follows: 6 (b) Thirty cents per gallon upon still wines and ready-to-drink cock- 7 tails, except cider containing more than three and two-tenths per centum 8 of alcohol by volume, upon which the tax shall be three and seventy-nine 9 hundredths cents per gallon; 10 § 6. Section 53 of the alcoholic beverage control law, as amended by 11 chapter 3 of the laws of 2021, is amended to read as follows: 12 § 53. Wholesaler's license. Any person may apply to the liquor author- 13 ity for a license to sell beer at wholesale. Such application shall be 14 in writing and verified and shall contain such information as the liquor 15 authority shall require. Such application shall be accompanied by a 16 check or draft for the amount required by this article for such license. 17 If the liquor authority shall grant the application it shall issue a 18 license in such form as shall be determined by its rules. Such a license 19 shall contain a description of the licensed premises and in form and in 20 substance shall be a license to the person therein specifically desig- 21 nated to sell beer and ready-to-drink cocktails at wholesale in the 22 premises therein specifically licensed to duly licensed wholesalers, 23 retailers and permittees in this state, and to sell or deliver beer to 24 persons outside the state pursuant to the laws of the place of such sale 25 or delivery. A wholesaler's license issued or renewed prior to July 26 first, nineteen hundred sixty, and thereafter renewed or transferred, 27 shall authorize the holder thereof to sell beer and ready-to-drink cock- 28 tails at retail to a person for consumption in [his] such person's home; 29 provided, however, that regardless of the date issued, renewed or trans- 30 ferred, a wholesaler's license issued to a brewer or to the wholly-owned 31 subsidiary of a brewer, shall authorize the holder thereof to sell beer 32 at retail to a person for consumption in [his] such person's home. 33 § 7. The state liquor authority is authorized to promulgate any rules 34 or regulations necessary to regulate the sale and distribution of read- 35 y-to-drink cocktails, as defined by section three of the alcoholic 36 beverage control law, in accordance with the provisions of this act. 37 § 8. This act shall take effect on the ninetieth day after it shall 38 have become a law. Effective immediately, the addition, amendment and/or 39 repeal of any rule or regulation necessary for the implementation of 40 this act on its effective date are authorized to be made, including by 41 emergency, and completed on or before such effective date.