New York State To Repeal 200-Foot Liquor Law

A massive change is on the horizon for the 200-foot rule in New York State (but there's a catch). Anything that has to do with the consumption and sale of liquor in New York State is governed by the State Liquor Authority. This is the regulatory body of alcohol. According to its website, the SLA,

"The New York State Liquor Authority ("SLA" or "Authority") and it's agency arm, the Division of Alcoholic Beverage Control (ABC) were established as part of the Alcoholic Beverage Control Law (ABC Law) in 1934. The ABC Law was enacted by the Legislature to provide for the protection, health, welfare and safety of the people of the State. The SLA has two main functions: issuing licenses and permits, and ensuring compliance with the Alcoholic Beverage Control Law."

If Governor Kathy Hochul signs a new law, there will be a huge shift in liquor consumption in the state.

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New York Has Been Easing Liquor Laws

In the past few years, since the COVID-19 pandemic, New York State has been easing its liquor laws. Governor Kathy Hochul's 2023 budget allowed for changes to be made to the laws that the New York State Liquor Authority enforces. This was designed to help bars, restaurants, and liquor stores make money, which many lost during the pandemic.

The Budget will continue supporting the recovery of bars and restaurants. The Budget also calls for a comprehensive look at all Alcohol and Beverage Control laws to ensure they are applied and updated relating to this new legislation.

Another major change allows distillers direct access to consumers. Governor Hochul signed a law on August 18, 2024, allowing distillers in the state to send alcohol to their customers. Any New York distiller who applies for and receives a Class A-1, Class B-1, Class C, or Class D distiller's license can ship up to 36 cases, no more than 9 liters per case, to New York residents who are at least 21 years of age.

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Another new law could drastically change alcohol sales in New York. New Yorkers who imbibe would soon see a drastic change in the way they purchase some of their alcoholic beverages. Senate Bill S7398, sponsored by George M. Borrello, a Republican from the 57th Senate District, would allow grocery stores in New York to sell wine. But there's a catch. If Senate Bill S7398 were to become law, grocery stores throughout the state would be able to sell wine to their customers. There is one major caveat, though. The bill,

"Establishes grocery store wine licenses permitting the licensee to sell from the licensed premises wine produced in New York state or produced from ingredients grown or produced in New York state, in sealed containers for consumption off such premises."

Massive Change To 200-Foot Law

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Senate Bill S8315/Assembly Bill A8639 is ready to be delivered to Gov. Hochul to be signed into law. The Bill repeals the previous 200-foot law in New York State, but there's a catch. The bill, "Allows the state liquor authority to issue a retail license for on-premises consumption for a premises which shall be located within two hundred feet of a building occupied as a school, church, synagogue or other place of worship."

Currently, the change only applies to Bleu Nuk Bk, located at 1150 Nostrand Avenue in Brooklyn, New York, to obtain a full liquor license. However, this could certainly open the door for establishments in other counties to request a change to the law to suit their needs. I can totally see the State being sued by other bars/restaurants who want similar treatment. When Gov. Hochul opened the first cannabis licenses to those who had been negatively impacted by marijuana convictions, many groups filed suit against the preferential treatment. I have a feeling something similar will happen with this. The bill justifies the change due to the economic barriers many establishments are facing.

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