S 368: Permits the sale of tonic water, bitters, and maraschino cherries at liquor stores.

  
  STATE OF NEW YORK ________________________________________________________________________ 368 2025-2026 Regular Sessions  IN SENATE (Prefiled) January 8, 2025 ___________ Introduced by Sen. SKOUFIS -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Govern- ment Operations AN ACT to amend the alcoholic beverage control law, in relation to the sale of tonic water, bitters, maraschino cherries, and dealcoholized wine at liquor stores The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (a) of subdivision 1 of section 104 of the alco- 2 holic beverage control law, as amended by chapter 24 of the laws of 3 2024, is amended to read as follows: 4 (a) No wholesaler shall be engaged in any other business on the prem- 5 ises to be licensed; except that nothing contained in this chapter 6 shall: (1) prohibit a beer wholesaler from (i) acquiring, storing or 7 selling non-alcoholic snack foods, as defined in paragraph (b) of this 8 subdivision, (ii) manufacturing, bottling, storing, or selling non-alco- 9 holic carbonated beverages, (iii) manufacturing, storing or selling 10 non-alcoholic non-carbonated soft drinks, mineral waters, spring waters, 11 drinking water, non-taxable malt or cereal beverages, juice drinks, 12 fruit or vegetable juices, ice, liquid beverage mixes and dry or frozen 13 beverage mixes, (iv) acquiring, storing or selling wine products, (v) 14 the sale of promotional items on such premises, or (vi) the sale of 15 tobacco products at retail by wholesalers who are licensed to sell beer 16 and other products at retail; (2) prohibit a wholesaler authorized to 17 sell wine from manufacturing, acquiring or selling wine merchandise, as 18 defined in paragraph (d) of this subdivision; (3) prohibit a licensed 19 winery or licensed farm winery from engaging in the business of a wine 20 wholesaler for New York state labeled wines produced by any licensed 21 winery or licensed farm winery or prohibit such wine wholesaler from 22 exercising any of its rights pursuant to sections seventy-six and seven- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01438-01-5 
 S. 368 2 1 ty-six-a of this chapter provided that the operation of such beer and 2 wine wholesalers business shall be subject to such rules and regulations 3 as the liquor authority may prescribe; (4) prohibit a beer wholesaler 4 who is authorized to sell beer at retail from selling at retail: (i) 5 candy, chewing gum and cough drops; (ii) non-refrigerated salsa; (iii) 6 cigarette lighters, lighter fluid, matches and ashtrays; (iv) barbecue 7 and picnic-related products and supplies, which shall include, but not 8 be limited to, charcoal, grills, propane gas, plastic and paper cups, 9 paper or plastic tablecloths and coolers; (v) beer making and brewing 10 supplies and publications, which shall include, but not be limited to, 11 books, magazines, equipment and ingredients; (vi) steins, mugs and other 12 glassware appropriate for the consumption of beer, malt beverages and 13 wine products; (vii) items typically used to serve beer and malt bever- 14 ages including, but not limited to, taps, kegerators, koozies and beer 15 socks; (viii) lemons, limes and oranges, provided that no more than two 16 dozen of each shall be displayed at any one time; (ix) rock salt, ice 17 and snow melting compounds, snow shovels; windshield washer solvent; 18 firewood; beach umbrellas; sunglasses and sun block; and (x) prepaid 19 telephone cards; (5) prohibit the installation and operation of a single 20 automated teller machine in the premises of a beer wholesaler who is 21 authorized to sell beer at retail; [or] (6) prohibit a liquor or a wine 22 wholesaler from transporting or selling gifts or promotional items asso- 23 ciated with wine or liquor products as provided for in subdivision four 24 of section sixty-three of this chapter; or (7) prohibit a liquor whole- 25 saler from transporting or selling tonic water, bitters, maraschino 26 cherries, or dealcoholized wine. For the purposes of this subdivision, 27 "automated teller machine" means a device which is linked to the 28 accounts and records of a banking institution and which enables consum- 29 ers to carry out banking transactions, including but not limited to, 30 account transfers, deposits, cash withdrawals, balance inquiries and 31 loan payments. 32 § 2. Subdivision 4 of section 63 of the alcoholic beverage control 33 law, as amended by chapter 24 of the laws of 2024, is amended to read as 34 follows: 35 4. (a) No licensee under this section shall be engaged in any other 36 business on the licensed premises. The sale of any of the following 37 shall not constitute engaging in another business within the meaning of 38 this subdivision: 39 (i) lottery tickets, when duly authorized and lawfully conducted[, the 40 sale of]; 41 (ii) reusable bags as defined in section 27-2801 of the environmental 42 conservation law[, the sale of]; 43 (iii) corkscrews [or the sale of]; 44 (iv) ice [or the sale of]; 45 (v) publications, including prerecorded video and/or audio cassette 46 tapes, or educational seminars, designed to help educate consumers in 47 their knowledge and appreciation of alcoholic beverages, as defined in 48 section three of this chapter and allowed pursuant to their license[, or 49 the sale of non-carbonated,]; 50 (vi) non-flavored mineral waters, spring waters and drinking waters 51 [or the sale of]; 52 (vii) glasses designed for the consumption of wine or liquor, racks 53 designed for the storage of wine, and devices designed to minimize 54 oxidation in bottles of wine which have been uncorked[, or the sale of]; 55 (viii) gift bags, gift boxes, associated gift or promotional items, or 56 wrapping, for alcoholic beverages purchased at the licensed premises 
 S. 368 3 1 [shall not constitute engaging in another business within the meaning of 2 this subdivision]; 3 (ix) tonic water; 4 (x) bitters; 5 (xi) maraschino cherries; or 6 (xii) dealcoholized wine. 7 (b) Any fee obtained from the sale of an educational seminar shall not 8 be considered as a fee for any tasting that may be offered during an 9 educational seminar, provided that such tastings are available to 10 persons who have not paid to attend the seminar and all tastings are 11 conducted in accordance with section sixty-three-a of this article. 12 (c) For the purposes of this section, gift or promotional items shall 13 only include those items that are complimentary and directly associated 14 with the sale of wine or liquor they are promoting and shall mean: (i) 15 items that are de minimis in value, but in no instance shall merchandise 16 be valued at more than fifteen dollars in total; (ii) items that are 17 imprinted with the wine or liquor brand logo on the gift or promotional 18 item; and (iii) items that are included as part of a manufactured pre- 19 sealed package with the wine or liquor that is being gifted or promoted. 20 Further, for the purposes of this section, promotional items shall not 21 include any food, non-alcoholic beverage, or other drink or food mix, 22 nor shall these items be offered for sale to the general public as indi- 23 vidual items. 24 § 3. This act shall take effect on the sixtieth day after it shall 25 have become a law.