BILL NUMBER: S5396A
SPONSOR: SCARCELLA-SPANTON
 
TITLE OF BILL:
An act to amend the alcoholic beverage control law, in relation to
private label wine
 
PURPOSE OR GENERAL IDEA OF BILL:
To formally define "private label" products and the authorized sale
thereof.
 
SUMMARY OF PROVISIONS:
Section 1. Amends Section 3 of the Alcoholic Beverage Control Law, to
define "private label" as an alcoholic beverage with a brand name or
trade name label that is exclusively owned by a licensed retailer, or
such retailer otherwise has the legal right to use the brand name or
trade name belonging to another entity, and such item is sold at retail
within the state exclusively by such retailer; provided, however,
private label wine may also be sold by licensees that are commonly owned
affiliates of such retailer.
Section 2. Amends Section 101-b (3) (3) of the Alcoholic Beverage
Control Law, to exempt "private label" liquor and wine from price post-
ing requirements.
Section 3. Amends Section 106(3) of the Alcoholic Beverage Control Law,
to authorize the sale of "private label" wine for off-premises consump-
tion by certain restaurant licensees provided such sales are accompanied
by the purchase of a substantial food item.
 
JUSTIFICATION:
Providing a formal definition of "private label" will add clarity to the
Alcoholic Beverage Control Law. Consumers will have an increased oppor-
tunity to select from private label wines owned by their local retailers
and support growers throughout the State.
 
PRIOR LEGISLATIVE HISTORY:
2023 - 2024: referred to economic development / REFERRED TO INVESTI-
GATIONS AND GOVERNMENT OPERATIONS
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
This legislation will help generate sales, excise, and property tax
revenue.
 
EFFECTIVE DATE:
This legislation will take effect immediately.

Statutes affected:
S5396: 3 alcoholic beverage control law, 101-b alcoholic beverage control law, 101-b(3) alcoholic beverage control law, 106 alcoholic beverage control law, 106(3) alcoholic beverage control law
S5396A: 3 alcoholic beverage control law, 101-b alcoholic beverage control law, 101-b(3) alcoholic beverage control law, 106 alcoholic beverage control law, 106(3) alcoholic beverage control law