BILL NUMBER: S6785B
SPONSOR: SKOUFIS
 
TITLE OF BILL:
An act to amend chapter 118 of the laws of 2012 amending the alcoholic
beverage control law relating to the powers of the chairman and members
of the authority, in relation to the effectiveness of certain provisions
thereof (Part A); to amend the alcoholic beverage control law, in
relation to providing for certain temporary permits (Part B); to amend
the alcoholic beverage control law, in relation to authorizing
special permits to remain open during certain hours of the morning (Part
C); to amend the alcoholic beverage control law, in relation to
permitting certain retail licensees to purchase wine and liquor from
certain other retail licensees (Part D); to amend the alcoholic bever-
age control law, in relation to permissible sales by license hold-
ers (Part E); to amend the alcoholic beverage control law, in relation
to allowing multiple off-premises licenses (Part F); to amend the alco-
holic beverage control law, in relation to licensing restrictions for
manufacturers and wholesalers of alcoholic beverages and retail licen-
sees (Part G); to amend the alcoholic beverage control law, in relation
to the approval of seven day licenses to sell liquor at retail for
consumption off the premises (Part H); to amend the alcoholic beverage
control law, in relation to adjusting licensing fees regarding certain
alcoholic beverages (Part I); to amend the alcoholic beverage control
law, in relation to notifying municipalities of the filing of certain
applications (Part J); to amend the alcoholic beverage control law, in
relation to changes of ownership of a licensed business (Part K); to
amend the alcoholic beverage control law, in relation to the issuance
of temporary retail permits; and to amend chapter 396 of the laws of
2010 amending the alcoholic beverage control law relating to
liquidator's permits and temporary retail permits, in relation to the
effectiveness thereof (Part L); to amend the alcoholic beverage control
law, in relation to establishing a temporary wholesale permit and allow-
ing multiple wholesale licenses owned by the same person or entity to be
located at the same premises (Part M); to amend the alcoholic beverage
control law, in relation to licenses issued for on-premises consumption
within certain distances of a building occupied as a school, church,
synagogue or other place of worship with consent of such building's
owner or administrator (Part N); to amend the alcoholic beverage control
law, in relation to permitting licenses for premises located within five
hundred feet of other premises outside of certain counties (Part O); and
to repeal subdivision 2 of section 105 of the alcoholic beverage control
law, in relation to requiring wine and liquor be sold at street level
(Part P)
 
PURPOSE:
To modernize and simplify the state's alcohol laws, including recommen-
dations made by the Commission to Study Reform of the Alcoholic Beverage
Control Law.
 
SUMMARY OF PROVISIONS:
Part A (Sole Administrative Authority - Powers of the Chair) - Perma-
nently extends the administrative powers granted to the Chair of the SLA
(e.g. everyday administrative operations including all hiring, firing,
and spending decisions). This Part incorporates the Executive's proposed
FY 25 State Budget language found within PPGG Part J.
Part B (Temporary One-Day Catering/Retail Permits) - Adds cider, mead,
braggot, and liquor as permissible beverages for temporary one-day
permits for events. Allows for outdoor catering permits. This Part
incorporates the Executive's proposed FY 25 State Budget language found
within PPGG Part H, amending sections 98 and 97 of the ABC Law.
Part C (Special NYE On-Premises Retail Permit) - Allows restaurants and
bars to apply for a special permit to stay open on January 1 between 4AM
and 8AM. This Part incorporates S4742A of 2023 (Cooney), amending
section 99 of the ABC Law.
Part D (Retailer-to-Retailer Sales) - Allows on-premises retail licen-
sees like bars and restaurants to buy and resell up to 12 bottles of
wine and liquor per week from off-premises retailers, as well as for
off-premises retailers to sell such bottles. This Part incorporates
52853 of 2023 (Skoufis), amending sections 105 and 106 of the ABC Law.
Part E (Allowing More Products to be Sold by Off-Premises Retailers)
Expands off-premises retail sales to include tonic water, bitters,
maraschino cherries, and dealcoholized wine. Allows wholesalers to
transport and sell such products. This Part incorporates and expands
upon 53568 (Skoufis), amending sections 63 and 104 of the ABC Law.
Part F (Multiple Off-Premises Retail Licenses) - Allows a holder of an
off-premises retail license to be granted one additional license to sell
liquor/wine at retail for off-premises consumption. Amends section 63 of
the ABC Law to allow any person to hold up to two such licenses.
Part G (NYS Tied House) - Limits the application of New York's tied-
house provisions to New York licensees. This Part incorporates 5163 of
2023 (Hoylman-Sigal), amending sections 101 and 106 of the ABC Law to
limit the application of the New York's tied-house provisions to retail-
ers, wholesalers, and manufacturers licensed by the New York State
Liquor Authority.
Part H (Revising the Public Convenience and Advantage Standard) - Chang-
es the "public convenience and advantage" standard with respect to issu-
ing new retail licenses to sell liquor/wine for off-premises consumption
to a new "good cause for disapproval" standard. Amends sections 63 and
79 of the ABC Law.
Part I (Licensing Fees Adjustments) - Adjusts various fees for licensure
for NYS manufacturers, wholesalers, and retailers. This Part incorpo-
rates and modifies 59033 of 2022 (Skoufis), amending multiple sections
of the ABC Law to increase or decrease such fees.
Part J (Revising Municipal Notice Period) - Allows individuals to apply
for a license with the SLA without having to wait thirty days for the
municipal notice period to lapse. This Part incorporates the Executive's
proposed FY 25 State Budget language found within PPGG Part H, amending
section 110-b of the ABC Law.
Part K (Changes in Membership or Corporate Structure) - Requires the SLA
to act on changes in membership or other corporate structure to a limit-
ed liability company (LLC) within ninety days of receipt of an applica-
tion. The application would be deemed approved if the SLA takes no
action prior to ninety days. This Part incorporates the Executive's
proposed FY 25 State Budget language found within PPGG Part H, amending
section 99-d of the ABC Law.
Part L (Temporary Retail Permits) - Allows for the issuance of temporary
retail permits, permanently extending the SLA's authority to issue
temporary retail permits, allow businesses to apply for a permit for
locations that have not had an active licensed retailer in the prior two
years, give permit holders the ability to purchase alcohol for sale on
credit, and allow permits to be extended for 90 days. This proposal
removes the need for there to have been an active retailer within the
previous two years and maintains the ban on issuing a permit if a
location had a license previously suspended, canceled, or revoked in the
two years prior. This proposal lengthens the 30-day extension period to
90 days with the payment of a fee. This Part incorporates the Execu-
tive's proposed FY 24 State Budget language found within PPGG Part 0,
amending section 97-a of the ABC Law.
Part M (Temporary Wholesale Permits and Multiple Wholesale Licenses)
Authorizes the SLA to issue temporary permits to wholesalers while their
pending applications for permanent wholesale licenses are reviewed, as
long as the applicant has obtained all permits, licenses, and other
documents necessary for the operation of such a business. Allows multi-
ple wholesale licenses for different types of alcohol held by the same
entity to operate on the same licensed premises. This Part incorporates
the Executive's FY 25 State Budget language found within PPGG Part I,
adding a new section 97-d and amending section 104 of the ABC Law.
Part N (200' Rule) - Modifies the 200' rule that prevents the issuance
of a retail license for on-premises consumption when the premises is on
the same street and within 200' of a school or place of worship. This
proposal would allow the SLA to issue such retail licenses when the
owner or administrator of a school or place of worship affirmatively
states its support, amending sections 64, 64-a, 64-b, 64-c, and 64-d of
the ABC Law.
Part 0 (500' Rule) - Limits the applicability of the 500' rule that
prevents the issuance of a retail license for on-premises consumption
when the premises is within 500' of three or more licensed and existing
premises to a county having a population between one million six hundred
thousand and one million seven hundred thousand, amending sections 64,
64-a, 64-b, 64-c, and 64-d of the ABC Law.
Part P (Allowing Non-Ground Level Off-Premises Retailers) - Removes the
requirement that a retail license for off-premises consumption only be
granted to stores located at street level. This Part incorporates the
Executive's proposed FY 25 State Budget language found within PPGG Part
H.
 
JUSTIFICATION:
New York's nearly 100-year-old alcohol laws are amongst the strictest
and most antiquated in the country. Therefore, the 21-member Commission
to Study Reform of the Alcoholic Beverage Control Law was established
through the FY 2023 State Budget in order to make recommendations lead-
ing to modernization and simplification of these laws. The Commission
addressed issues including but not limited to the alcohol industry's
state economic impact, changes in laws and resources to speed up license
application processing, and general reform proposals as voted on by
stakeholders. Representatives from across the industry included alcohol
producers, wholesalers, and on- and off-premises retailers, as well as
policymakers and regulators. This legislation embodies the recommenda-
tions of the Commission issued as part of its May 2023 final report and
represents much-needed changes for a major and multi-pronged industry in
New York to survive and thrive in the 21st Century.
 
LEGISLATIVE HISTORY:
Senate 2023 - S6785A, Reported from Investigations & Government Oper-
ations and Committed to Commerce, Economic Development, and Small Busi-
ness
 
FISCAL IMPLICATIONS:
TBD
 
EFFECTIVE DATE:
This act shall take effect immediately provided, however, that the
applicable effective date of Parts A through P of this act shall be as
specifically set forth in the last section of such Parts.

Statutes affected:
S6785: 105 alcoholic beverage control law, 105(14) alcoholic beverage control law, 34 alcoholic beverage control law, 34(4) alcoholic beverage control law, 54-b alcoholic beverage control law, 59-a alcoholic beverage control law, 117-a alcoholic beverage control law, 117-a(6) alcoholic beverage control law, 130 alcoholic beverage control law, 130(4) alcoholic beverage control law, 101 alcoholic beverage control law, 101(1) alcoholic beverage control law, 106 alcoholic beverage control law, 106(13) alcoholic beverage control law, 94 alcoholic beverage control law, 94(2) alcoholic beverage control law, 64 alcoholic beverage control law, 64(6) alcoholic beverage control law, 79-a alcoholic beverage control law, 79-a(1) alcoholic beverage control law, 122 alcoholic beverage control law, 97-a alcoholic beverage control law, 97-a(4) alcoholic beverage control law, 97-a(6) alcoholic beverage control law
S6785A: 105 alcoholic beverage control law, 105(14) alcoholic beverage control law, 34 alcoholic beverage control law, 34(4) alcoholic beverage control law, 54-b alcoholic beverage control law, 59-a alcoholic beverage control law, 117-a alcoholic beverage control law, 117-a(6) alcoholic beverage control law, 130 alcoholic beverage control law, 130(4) alcoholic beverage control law, 101 alcoholic beverage control law, 101(1) alcoholic beverage control law, 106 alcoholic beverage control law, 106(13) alcoholic beverage control law, 94 alcoholic beverage control law, 94(2) alcoholic beverage control law, 64 alcoholic beverage control law, 64(6) alcoholic beverage control law, 79-a alcoholic beverage control law, 79-a(1) alcoholic beverage control law, 122 alcoholic beverage control law, 97-a alcoholic beverage control law, 97-a(4) alcoholic beverage control law, 97-a(6) alcoholic beverage control law
S6785B: 97 alcoholic beverage control law, 97(1) alcoholic beverage control law, 105 alcoholic beverage control law, 101 alcoholic beverage control law, 101(1) alcoholic beverage control law, 106 alcoholic beverage control law, 106(13) alcoholic beverage control law, 79 alcoholic beverage control law, 79(4) alcoholic beverage control law, 94 alcoholic beverage control law, 94(2) alcoholic beverage control law, 64 alcoholic beverage control law, 64(6) alcoholic beverage control law, 79-a alcoholic beverage control law, 79-a(1) alcoholic beverage control law, 122 alcoholic beverage control law, 97-a alcoholic beverage control law, 97-a(4) alcoholic beverage control law, 97-a(6) alcoholic beverage control law, 104 alcoholic beverage control law