A 1328 New York Assembly · 2025 Regular Session

Establishes supermarket wine licenses

This bill creates a new license allowing supermarkets meeting specific size and sales criteria to sell wine in sealed containers (like bottles or cans) for off-premises consumption. To qualify, a store must primarily sell food (over 65% of revenue) and be at least 4,000 square feet, with a $10,000 franchise fee required. Licenses cannot be granted within 200 feet of schools/churches or 500 feet of liquor stores. Local governments can set time/place rules but cannot block licenses that meet these state standards.

Bill status in committee 1 of 4 stages cleared

Introduction

Jan 2025

Committee Review

Floor Vote

Governor

Introduced Jan 9, 2025 Last action Jan 7, 2026

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What changed between versions

A1328 → A1328A · 4 edits

MODERATE

This bill was amended to expand the number of sponsors and add committee discharge language, indicating it has passed committee review. The definition of a 'supermarket' was lowered from 5,000 to 4,000 square feet, making it easier for smaller stores to qualify. The new supermarket wine license section was significantly rewritten to remove certain exemptions and add a new provision directing excess franchise fee revenue to the Department of Agriculture for wine promotion.

Scope change

The bill's scope expanded by lowering the minimum square footage requirement for stores to qualify as supermarkets, allowing smaller retail establishments to obtain the new wine license.

DEFINITION

The minimum size requirement for a 'supermarket' was reduced from 5,000 square feet to 4,000 square feet, broadening eligibility for the new license.

FISCAL

A new provision was added requiring that franchise fees exceeding $500,000 annually be transferred to the Department of Agriculture to promote New York state wines.

REQUIREMENT

The new section 79-e was rewritten to remove exemptions from certain regulations and add a new exemption from subdivision sixteen of section one hundred five.

A new subsection 8 was added authorizing existing wine retailers to sell wine to new supermarket wine licensees.

Floor votes

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Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

Jan 7, 2026

Committee

REFERRED TO ECONOMIC DEVELOPMENT

lower

May 27, 2025

Lower · Passed

PRINT NUMBER 1328A

lower

May 27, 2025

Lower · Passed

AMEND AND RECOMMIT TO ECONOMIC DEVELOPMENT

lower

Jan 9, 2025

Committee

REFERRED TO ECONOMIC DEVELOPMENT

lower

1 primary · 22 co-sponsors