Second Empire Wine Bill Vetoed

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On Friday, November 4, New York Governor Andrew M. Cuomo vetoed Assembly Bill 10248 (“A10248,” same as Senate Bill 7728), a legislative measure that would have curtailed the State Liquor Authority’s jurisdiction over out-of-state activities.[1] A10248 was Assembly Member Phil Steck’s second attempt to clarify the conditions under which the State Liquor Authority (“NYSLA”) may punish a licensee or permittee for conduct that occurs outside of New York. A10248 and its predecessor, Assembly Bill 5920 (“A5920”), were precipitated by a long, bitter dispute between the State Liquor Authority (“NYSLA”) and Albany wine and liquor retailer Empire Wine (“Empire”). It is unclear at this point how NYSLA, Empire, and the Legislature will proceed.

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Cuomo Signs ABC Law Modernization Bill

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On Wednesday, September 7, New York Governor Andrew Cuomo signed legislation intended to modernize the State’s Alcoholic Beverage Control Law (“ABC Law” or “ABCL”). Senate Bill 8140, often referred to as the “Brunch Bill,” implements the recommendations made by the Alcoholic Beverage Control Working Group (“Working Group”) in April 2016. The most talked-about provision took effect immediately and allows the sale of alcohol for on-premises consumption before noon on Sundays—hence the legislation’s moniker—but boozy brunch is just one of many changes, most of which will take effect on November 6, 2016. Read on to learn more about these reforms.

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2016 Policy and Budget Preview

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Governor Cuomo gave his State of the State address and released his proposed Executive Budget for Fiscal Year 2017 last week, announcing his priorities for the year and setting the stage for important budget and policy discussions. One of the Governor’s goals for this fiscal year is to expand New York’s craft beverage industry, and he has proposed a number of investments and legislative changes to facilitate that expansion. Perhaps the most intriguing item for the wine industry is the modernization of the 81-year-old Alcoholic Beverage Control (“ABC”) Law, including by addressing e-commerce. Read on for a summary of a few of the Governor’s proposals. As always, refer to the Division of the Budget for complete information.

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Liquor License Wars

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When I tell people about my blog, they usually ask me how wine and law are related. "How connected are they really?" "Aren't you limiting yourself?" "Will you have enough to write about?" One answer is that in a densely populated city like New York, alcohol laws are at work right under our noses—or, more likely, right under our apartments. Every New York establishment that sells alcoholic beverages, whether for consumption on the premises or elsewhere, must obtain a liquor license from the New York State Liquor Authority (NYSLA) pursuant to the Alcoholic Beverage Control Law ("ABC Law").

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