S 9032: Relates to applications for licenses to sell liquor and wine at grocery stores and off-premises consumption of liquors and/or wines at grocery stores.

  
  STATE OF NEW YORK ________________________________________________________________________ 9032  IN SENATE January 23, 2026 ___________ Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Commerce, Economic Devel- opment and Small Business 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 26 of said premises has been occupied exclusively as a school, church, 27 synagogue or other place of worship. Notwithstanding any provisions of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14103-01-5 
 S. 9032 2 1 this subdivision to the contrary, such restrictions shall not apply to 2 any grocery stores with a valid wholesaler's license issued pursuant to 3 section fifty-three of this chapter in operation prior to January first, 4 two thousand twenty-five. 5 16. No retail licensee to sell liquors and/or wines for off-premises 6 consumption shall be interested, directly or indirectly, in any premises 7 where liquors, wines or beer are manufactured or sold at wholesale or 8 any other premises where liquor or wine is sold at retail for off-prem- 9 ises consumption, by stock ownership, interlocking directors, mortgage 10 or lien on any personal or real property or by any other means; 11 provided, however, that nothing in this subdivision shall apply to a 12 retail license to sell liquors and/or wines for off-premises consumption 13 at a grocery store. Any lien, mortgage or other interest or estate, 14 however, now held by such retailer on or in the personal or real proper- 15 ty of such manufacturer or wholesaler, which mortgage, lien, interest or 16 estate was acquired on or before December thirty-first, nineteen hundred 17 thirty-two, shall not be included within the provisions of this subdivi- 18 sion; provided, however, the burden of establishing the time of the 19 accrual of the interest comprehended by this subdivision, shall be upon 20 the person who claims to be entitled to the protection and exemption 21 afforded hereby. 22 § 4. This act shall take effect January 1, 2026.