S 370 New York Senate · 2025 Regular Session

Allows licensees to sell wine or liquor at retail to certain other licensees for resale for consumption off the premises

Summary
Allows licensees to sell wine or liquor at retail for consumption off the premises to certain other licensees; allows such other licensees to resell such wine or liquor for consumption off the premises.
Bill status in committee 1 of 4 stages cleared
Introduction
Jan 2025
Committee Review
Floor Vote
Governor
Introduced Jan 8, 2025 Last action Aug 10, 2026
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What changed between versions

S370 S370A · 5 edits
MODERATE
The bill was substantially rewritten from a cooperative buying framework to a simpler direct licensee-to-licensee resale mechanism. Instead of allowing up to ten licensees to form cooperatives for joint purchases with detailed operational standards, the amended bill simply authorizes certain licensees to buy and resell wine or liquor directly to other licensees, with basic record-keeping requirements. This removes the cooperative structure entirely and replaces it with a more straightforward resale authorization.
Scope change
The scope shifted from a structured cooperative buying model (limited to groups of up to ten licensees with detailed operational rules) to an open direct-resale model where any eligible licensee can transact directly with another eligible licensee. Cross-type transactions (between section 63 and section 79 licensees) are restricted to wine only, while same-type transactions between section 63 licensees may include both wine and liquor.
SCOPE

The entire cooperative agreement framework was removed, including the 10-licensee limit, joint purchase provisions, employee hiring rules, withdrawal rights, credit purchase requirements, separate invoicing, transportation rules, asset commingling prohibitions, and public warehouse provisions.

A new subdivision 2-a was added to section 105 authorizing direct licensee-to-licensee purchases and resales. Section 63 licensees (retail wine/liquor) may buy and sell wine or liquor to other section 63 licensees. Cross-type transactions between section 63 and section 79 licensees are limited to wine only.

The bill now amends section 105 of the Alcoholic Beverage Control Law rather than adding a new standalone section 106-c, integrating the resale authorization into existing licensing provisions.

REQUIREMENT

Both the selling and purchasing licensee must retain a receipt or invoice for each transaction showing the name, address, and license number of both parties, the date, a description of the beverages (brand and quantity), and the price. Records must be available for inspection by the authority upon request.

ENFORCEMENT

The Alcoholic Beverage Control Authority is given explicit authority to promulgate rules and regulations necessary to implement the new resale provisions.

Floor votes

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Full legislative history

Actions timeline

Total actions
4
Key actions
2
Committee
2
Amendments
2
Aug 10, 2026
Upper · Passed
PRINT NUMBER 370A
upper
Aug 10, 2026
Upper · Passed
AMEND (T) AND RECOMMIT TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
upper
Jan 7, 2026
Committee
REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
upper
Jan 8, 2025
Committee
REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of James Skoufis
James Skoufis
DDemocratic
NY
42