A 8205: Establishes grocery store wine licenses permitting the licensee to sell from the licensed premises wine produced in New York state or produced from ingredients grown or produced in New York state, in sealed containers for consumption off such premises.

  
  STATE OF NEW YORK ________________________________________________________________________ 8205 2025-2026 Regular Sessions  IN ASSEMBLY May 5, 2025 ___________ Introduced by M. of A. TAGUE -- read once and referred to the Committee on Economic Development AN ACT to amend the alcoholic beverage control law, in relation to establishing grocery store wine licenses The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivisions 3 and 5 of section 75 of the alcoholic bever- 2 age control law, subdivision 3 as amended by section 4 of part K of 3 chapter 60 of the laws of 2004 and subdivision 5 as added by chapter 355 4 of the laws of 2013, are amended and a new subdivision 6 is added to 5 read as follows: 6 3. Seven day license to sell wine at retail for consumption off the 7 premises subject to paragraph (a) of subdivision fourteen of section one 8 hundred five of this chapter[.]; 9 5. Roadside farm market license[.]; 10 6. Grocery store wine license. 11 § 2. The alcoholic beverage control law is amended by adding a new 12 section 79-e to read as follows: 13 § 79-e. Grocery store wine license. 1. Any person may apply to the 14 authority for a grocery store wine license as provided for in this 15 section to sell from the licensed premises wine produced in New York 16 state or produced from ingredients grown or produced in New York state, 17 in sealed containers for consumption off such premises. 18 2. A grocery store wine license shall permit the licensee to sell only 19 wine produced in New York state or produced from ingredients grown or 20 produced in New York state. 21 3. No such license shall be issued, however, to any person for any 22 premises other than a grocery store, as defined in subdivision thirteen 23 of section three of this chapter. 24 4. (a) Notwithstanding any other provision of this chapter, except for 25 good cause shown, the authority shall issue a grocery store wine license 26 to the holder of a license to sell beer at retail for consumption off 27 the premises pursuant to section fifty-four of this chapter, or beer and 28 wine products at retail for consumption off the premises pursuant to EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11402-01-5 
 A. 8205 2 1 section fifty-four-a of this chapter, at the request of such licensee 2 and thereafter renewed or transferred, which authorizes the holder ther- 3 eof to sell beer at retail to a person for consumption in their home. 4 (b) For the purposes of this section, the premises of the grocery 5 store wine licensee shall be the same as the premises licensed under 6 section fifty-four or fifty-four-a of this chapter. 7 (c) Notwithstanding any other provisions of this chapter, any license 8 issued pursuant to this section shall run concurrently with the underly- 9 ing license under section fifty-four or fifty-four-a of this chapter, 10 and shall be deemed expired at such time as the underlying license 11 expires. 12 (d) Any person licensed to sell wine pursuant to this article shall be 13 permitted to conduct wine tastings. Wine tastings which are conducted 14 under the auspices of an official agent of a farm winery, winery, whole- 15 saler, or importer and where such agent is physically present at all 16 times during the conduct of the tasting, then, in that event, any 17 liability stemming from a right of action resulting from a wine tasting 18 as authorized pursuant to this section, and in accordance with the 19 provisions of sections 11-100 and 11-101 of the general obligations law, 20 shall accrue to the farm winery, winery, wholesaler, or importer. 21 5. Such application shall be in such form and shall contain such 22 information as shall be required by the rules of the authority and shall 23 be accompanied by a check or draft in the amount required by this arti- 24 cle for such license. 25 6. Notwithstanding any other provisions of this chapter, any person 26 receiving a license pursuant to this section shall not be subject to the 27 provisions of subdivision two, three or four of section seventy-nine of 28 this article. 29 7. Notwithstanding any other provisions of this chapter, any person 30 receiving a license pursuant to this section shall not be subject to the 31 provisions of paragraph (a) of subdivision three and subdivision four- 32 teen of section one hundred five of this chapter. 33 8. (a) A one-time franchise fee shall be paid for by each licensee to 34 the state liquor authority. This franchise fee is hereby imposed at a 35 rate of ten thousand dollars. 36 (b) No license shall be issued pursuant to this section until the 37 franchise fee or estimated franchise fee required by paragraph (a) of 38 this subdivision has been paid in full. 39 (c) The franchise fee shall be deposited and disposed of in the same 40 manner as any license fee as provided in section one hundred twenty-five 41 of this chapter. 42 9. Any person licensed to sell wine at retail for consumption off the 43 premises under section seventy-nine of this article is authorized to 44 sell wine to persons licensed to sell wine under this article and this 45 section who operate the premises of the grocery store wine licensee. 46 10. The state liquor authority may make such rules as it deems neces- 47 sary to carry out the provisions of this section. 48 § 3. Section 83 of the alcoholic beverage control law is amended by 49 adding a new subdivision 10 to read as follows: 50 10. The annual fee for a grocery store wine license pursuant to 51 section seventy-nine-e of this article shall be at a rate of one-half 52 (0.5) percent of sales of wine sold. 53 § 4. Subdivision 2-a of section 100 of the alcoholic beverage control 54 law, as amended by chapter 249 of the laws of 2002, is amended to read 55 as follows: 
 A. 8205 3 1 2-a. No retailer shall employ, or permit to be employed, or shall 2 suffer to work, on any premises licensed for retail sale hereunder, any 3 person under the age of eighteen years[, as a hostess, waitress, waiter, 4 or] in any [other] capacity where the duties of such person require or 5 permit such person to sell, dispense or handle alcoholic beverages; 6 except that: (1) any person under the age of eighteen years and employed 7 by any person holding a grocery or drug store beer license shall be 8 permitted to handle and deliver beer and wine products for such licen- 9 see, (2) any person under the age of eighteen employed as a cashier by a 10 person holding a grocery or drug store beer license shall be permitted 11 to record and receive payment for beer and wine product sales when in 12 the presence of and under the direct supervision of a person eighteen 13 years of age or over, (2-a) any person under the age of eighteen years 14 and employed by a person holding a grocery store or drug store beer 15 license as either a cashier or in any other position to which handling 16 of containers which may have held alcoholic beverages is necessary, 17 shall be permitted to handle the containers if such have been presented 18 for redemption in accordance with the provisions of title ten of article 19 twenty-seven of the environmental conservation law, [and] (3) any person 20 under the age of eighteen years employed as a dishwasher, busboy, or 21 other such position as to which handling of containers which may have 22 held alcoholic beverages is necessary shall be permitted to do so under 23 the direct supervision of a person of legal age to purchase alcoholic 24 beverages in the state, (4) any person under the age of eighteen years 25 and employed by any person holding a grocery store wine license shall be 26 permitted to handle and deliver wine for such licensee, and (5) any 27 person under the age of eighteen employed as a cashier by a person hold- 28 ing a grocery store wine license shall be permitted to record and 29 receive payment for wine when in the presence of and under the direct 30 supervision of a person eighteen years of age or over. 31 § 5. Subdivisions 3-a and 3-b of section 102 of the alcoholic beverage 32 control law, as amended by chapter 458 of the laws of 1993, are amended 33 to read as follows: 34 3-a. No licensee or permittee shall purchase or agree to purchase any 35 alcoholic beverages from any person within the state who is not duly 36 licensed to sell such alcoholic beverage as the case may be, at the time 37 of such agreement and sale nor give any order for any alcoholic beverage 38 to any individual who is not the holder of a solicitor's permit, except 39 as provided for in section eighty-five [or], ninety-nine-g, or seventy- 40 nine-e of this chapter. 41 3-b. No retail licensee shall purchase, agree to purchase or receive 42 any alcoholic beverage except from a person duly licensed within the 43 state by the liquor authority to sell such alcoholic beverage at the 44 time of such agreement and sale to such retail licensee, except as 45 provided for in section eighty-five [or], ninety-nine-g, or seventy- 46 nine-e of this chapter. 47 § 6. Severability clause. If any clause, sentence, paragraph, subdivi- 48 sion, section or part of this act shall be adjudged by any court of 49 competent jurisdiction to be invalid, such judgment shall not affect, 50 impair, or invalidate the remainder thereof, but shall be confined in 51 its operation to the clause, sentence, paragraph, subdivision, section 52 or part thereof directly involved in the controversy in which such judg- 53 ment shall have been rendered. It is hereby declared to be the intent of 54 the legislature that this act would have been enacted even if such 55 invalid provisions had not been included herein. 56 § 7. This act shall take effect immediately.