BILL NUMBER: S8484B
SPONSOR: HOYLMAN-SIGAL
TITLE OF BILL:
An act to amend the alcoholic beverage control law, in relation to
licensing restrictions for manufacturers and wholesalers of alcoholic
beverages on licensees who sell at retail for on-premises consumption;
and providing for the repeal of certain provisions upon expiration ther-
eof
PURPOSE OR GENERAL IDEA:
To add parcels of land to the list of premises which are exempt from the
provisions of law which generally restrict manufacturers, wholesalers
and retailers from sharing an interest in a liquor license.
SUMMARY OF PROVISIONS:
Sections 1 and 2 exempt certain parcels of land in Manhattan from the
Alcoholic Beverage Control Law's tied house regulations.
Section 3 is the effective date.
EXISTING LAW:
Alcoholic Beverage Control Law Section 101(1)(a) prohibits alcohol
manufacturers and wholesalers from having an interest in alcohol retail
places. ABC Law Section 105 (16) and (17) prohibit retail licensees for
off-premises consumption from having an interest in or engaging in
certain transactions with any premises where alcohol is manufactured or
sold at wholesale.
JUSTIFICATION:
Since the 1930s, when Prohibition was repealed, New York State law has
restricted owners of alcohol manufacturer's licenses, wholesale licenses
and retail licenses from having an interest in each other. Known as the
"tied-house laws", efforts have been made to modernize the law by
addressing these types of archaic ownership issues. In the meantime,
this bill exempts specific locations from these provisions of law.
These provisions have been amended on occasion by exempting certain
properties to support local economic development goals. Exemptions, such
as the one provided by this bill, are narrowly tailored to prevent undue
market influence by identifying select parcels using metes and bounds
descriptions. A licensee can only make use of this kind of exemption if
each of its New York-based alcohol manufacturing, wholesale and retail
business parcels are exempted.
This bill exempts businesses located at the following addresses in
Manhattan:
-10 South Street
-53 Wall Street
-376 West Broadway
-25 Broadway
-235 Freedom Place South
-637 West 50th Street
-89 East 42nd Street
-781 Fifth Avenue -660 Madison Avenue
-110 East 42nd Street
LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This legislation will take effect immediately.