New York S 5396: Relates to increasing the penalty for rape in the first degree

Bill Text

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S05396 Summary:

BILL NOS05396A

&nbsp

SAME ASSAME AS A04132-A

&nbsp

SPONSORSCARCELLA-SPANTON

&nbsp

COSPNSRSEPULVEDA

&nbsp

MLTSPNSR

&nbsp

Amd §§3, 101-b & 106, ABC L

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Authorizes certain restaurants to sell sealed bottles of private label wine for off-premises consumption with the purchase of a substantial food item.

Go to top S05396 Actions:

BILL NOS05396A

&nbsp

02/21/2025REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

05/28/20251ST REPORT CAL.1441

05/29/20252ND REPORT CAL.

06/04/2025ADVANCED TO THIRD READING 

06/13/2025COMMITTED TO RULES

01/07/2026REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

03/10/20261ST REPORT CAL.529

03/11/20262ND REPORT CAL.

03/12/2026ADVANCED TO THIRD READING 

05/27/2026AMENDED ON THIRD READING 5396A

06/05/2026COMMITTED TO RULES

Go to topS05396 Committee&nbspVotes:

Go to topS05396 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS05396 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5396--A
 Cal. No. 529

 2025-2026 Regular Sessions

 IN SENATE

 February 21, 2025
 ___________

 Introduced by Sens. SCARCELLA-SPANTON, SEPULVEDA -- read twice and
 ordered printed, and when printed to be committed to the Committee on
 Investigations and Government Operations -- recommitted to the Commit-
 tee on Investigations and Government Operations in accordance with
 Senate Rule 6, sec. 8 -- reported favorably from said committee,
 ordered to first and second report, ordered to a third reading,
 amended and ordered reprinted, retaining its place in the order of
 third reading

 AN ACT to amend the alcoholic beverage control law, in relation to
 private label wine

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Section 3 of the alcoholic beverage control law is amended
 2 by adding a new subdivision 23-a to read as follows:
 3 23-a. "Private label" means an alcoholic beverage with a brand name or
 4 trade name label that is exclusively owned by a licensed retailer, or
 5 owned by an entity that has granted a retailer the legal right to use
 6 such brand name or trade name, and such alcoholic beverage is sold at
 7 retail within the state exclusively by such retailer; provided, however,
 8 that private label wine may also be sold by licensees that are commonly
 9 owned affiliates of such retailer unless the licensed premises includes
 10 any opening or means of entrance or passageway for persons or things
 11 between the licensed premises and any premises licensed under section
 12 fifty-four or fifty-four-a of this chapter.
 13 § 2. Paragraph (c) of subdivision 3 of section 101-b of the alcoholic
 14 beverage control law, as amended by chapter 531 of the laws of 1964, is
 15 amended to read as follows:
 16 (c) Provided however, nothing contained in this section shall require
 17 any manufacturer or wholesaler to list any private label in any schedule
 18 to be filed pursuant to this section [any item offered for sale to a

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05351-03-6

 S. 5396--A 2

 1 retailer under a brand which is owned exclusively by one retailer and
 2 sold at retail within the state exclusively by such retailer].
 3 § 3. Subdivision 3 of section 106 of the alcoholic beverage control
 4 law, as amended by chapter 297 of the laws of 2016, is amended to read
 5 as follows:
 6 3. No retail licensee for on-premises consumption shall sell, deliver
 7 or give away, or cause or permit or procure to be sold, delivered or
 8 given away any liquors and/or wines for consumption off the premises
 9 where sold; provided, however, notwithstanding any law to the contrary,
 10 a restaurant licensed to sell wine under this chapter may sell sealed
 11 bottles of private label wine for off-premises consumption with the
 12 purchase of a substantial food item. The provisions of this subdivision
 13 shall not prohibit a licensed winery or farm winery from allowing a
 14 patron to leave the winery or farm winery with a partially consumed
 15 bottle of wine provided that the removal of the bottle is done in
 16 accordance with subdivision four of section eighty-one of this chapter.
 17 §