Last updated on June 19th, 2023
Last week, the NYS legislative session ended with no news on updates to the state’s Alcoholic Beverage Control (ABC) Law.
A Commission to Study Reform of the ABC Law was created by Governor Hochul in 2022. Its 21 members were from the Department of Taxation and Finance, Division of the Budget, Empire State Development, NYS Police, and the alcoholic beverage market throughout the state. They were charged with reviewing and identifying opportunities to modernize the law, which was adopted in 1934 and studied for updates in 1963, 2007/2008, and 2015, but saw little change.
At the start of May, the commission released a 192-page report containing 28 proposed changes, with recommendations to move ahead with 18 of them. Starting on page 23 of the report, there’s a summary of the recommendations that the commission agreed should move ahead:
- Amend Section 100-b to allow applications to be submitted simultaneous with municipal notice.
- Amend Section 97-a to eliminate the requirement of licensure within 2 years for New York City/500 foot temporary permit applications.
- Amend Section 99-d to allow corporate changes to take effect prior to application for approval.
- Ensure the State Liquor Authority (SLA) is properly funded.
- Amend Section 63 to allow additional items to be sold in liquor/wine stores.
- Allow on premise retailers to purchase from off premises retailers in a limited fashion. (So, if a bar or restaurant runs out of a certain type of alcohol during business hours it can buy up to a certain number of bottles from a retailer – something that’s not currently allowed.)
- Allow an individual to own more than one liquor store in NYS up to a certain limit.
- Amend Section 105 to allow off-premises liquor stores to start selling at 10 a.m. on Sundays.
- No changes to on-premises hours.
- Allow issuance of All Night Permits on Saturdays and Sundays.
- Loosen the Tied House Laws.
- Eliminate the 500 Foot Law.
- Eliminate the 200 Foot Law.
- Change liquor license approval standard to “good cause” instead of “public convenience and advantage.”
- Remove obsolete portions of the ABC Law.
- Create a temporary permit for licensees that allows the service of beer, wine, cider, and liquor.
- Create a temporary wholesale permit for wholesale license holders that have applied for a full license.
- Review the licensing fee structure for appropriateness.
While the latest legislative session is over and supporters for ABC law changes didn’t see the progress they may have wanted, no doubt there is more to come. We’ll keep you updated as we learn what’s next. In the meantime, if you need any assistance with your accounting, tax, audit or business advisory needs, please know RBT CPAs is here to help. We believe we succeed when we help our clients succeed. Interested in learning more? Give us a call today.
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