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Legislative Memo

Johnny Evers
Director of Government Affairs
T 518.465.7511, ext. 204
www.bcnys.org

BILL:

S.5962 (Murphy) / S.7906 (Schimminger)

Support

SUBJECT:

Makes Permanent Certain Provisions of the Alcoholic Beverage Control Law Authorizing the Sale of Gift Bags and Wrapping, and Manufacturers to Transport Alcoholic Beverages to their Retail Establishments

 

DATE:

June 13, 2017

 

The Business Council of New York State, the state’s leading statewide business and industry association, strongly supports this bill to make permanent certain provisions of the alcoholic beverage control law to allow the transport of alcoholic beverages within retail establishments (food stores/supermarkets) to their in-store restaurants.

Changes to the Alcohol Beverage Control laws (ABC) last year included a provision to authorize grocers to transport their deliveries of sealed alcoholic beverages across their supermarket to their restaurant facilities. The SLA changes also authorized the sale of gift bags and wrapping by liquor stores, items they were currently giving to customers since they lacked the statutory authority. However both provisions contained sunset dates of November 6, 2019.

The change pertaining to food stores/supermarkets is of paramount concern. This new law provides supermarkets more flexibility in where they locate their restaurants, in that an outside entrance would no longer be required. These stores cannot afford to pay construction costs to locate a restaurant or tavern within their store if the sunset provisions will prevent deliveries in two years. This uncertainty is preventing this class of licensees from taking full advantage of the new law, potentially curtailing major investments by many supermarket franchises.

This piece of legislation merely removes the sunset provisions and implements the changes that were unanimously recommended by the ABC Working Group formed by Governor Cuomo in 2016 to modernize the ABC law.

For these reasons The Business Council supports this legislation and urges its passage.