New York 2025-2026 Regular Session

New York Assembly Bill A07628

Introduced
4/1/25  
Refer
4/1/25  

Caption

Establishes a sales tax holiday for food and non-alcoholic beverages sold at a restaurant, diner, or cafe licensed under article twenty-C of the agriculture and markets law during the second full week of February and the third full week of August.

Summary

This bill creates a recurring sales tax holiday for food and non-alcoholic beverages sold at restaurants, diners, and cafes licensed under Article 20-C of the Agriculture and Markets Law. The exemption would apply during two specific periods each year: the second full week of February and the third full week of August. The bill also authorizes the state tax commissioner to implement the change and requires the Department of Taxation and Finance to conduct an economic impact analysis two years after enactment and report the results to state leaders within three years. The bill amends the Tax Law to add a new state sales tax exemption and to coordinate that exemption with local sales tax authority. It allows cities, counties, and school districts to elect whether to adopt or repeal the exemption for their local sales taxes, and it specifically authorizes cities with populations of one million or more to opt in by resolution. The measure also adjusts effective-date rules so the exemption can take effect immediately for local enactments, while still preserving notice requirements and related administrative procedures. In practical terms, the bill would reduce sales tax collected on qualifying prepared food and non-alcoholic beverage purchases during the designated weeks, affecting state and potentially local tax revenues. Overall sentiment appears neutral to favorable based on the bill’s structure and purpose, though there is no recorded committee debate or vote history in the provided materials. The bill is framed as a targeted tax relief measure for consumers and food-service establishments, with a built-in requirement to study its economic effects after implementation. The absence of transcripts or votes means there is no documented opposition or support to assess from legislative discussion. The main point of potential contention is fiscal impact and local control. Because the bill creates a tax holiday for restaurant meals and drinks, it could reduce tax revenue for the state and for local governments that opt in. The bill addresses this by making local participation elective in many jurisdictions, but that same feature could lead to uneven adoption across the state. Another possible issue is administrative complexity, since the exemption is limited to specific weeks and specific licensed establishments, requiring coordination between state and local tax authorities and businesses.

Impact

The bill would amend the Tax Law to add a new sales and compensating use tax exemption for food and non-alcoholic beverages sold at licensed restaurants, diners, and cafes during two designated weeks each year. It also modifies local sales tax provisions so cities, counties, and school districts may elect to adopt or repeal the exemption for their own taxes, with special authorization for New York City to act by resolution. The measure would therefore affect state and local sales tax administration, reduce taxable receipts for qualifying purchases during the holiday periods, and require the Department of Taxation and Finance to implement the change and later study its economic effects.

Sentiment

No committee transcripts or votes were provided, so there is no direct record of debate, amendments, or recorded support/opposition. Based on the bill text, the measure is presented as a targeted consumer tax relief and economic stimulus proposal, with a built-in evaluation requirement that suggests a generally pragmatic, policy-testing approach. The available context does not show any formal controversy, but the structure implies the bill was designed to balance tax relief with local option and fiscal review.

Contention

The likely points of contention are revenue loss, administrative burden, and local autonomy. Opponents could object that a sales tax holiday for prepared food would reduce state and local revenues and create compliance complexity for businesses and tax administrators. Supporters would likely emphasize consumer savings and potential benefits to restaurants and diners. Another issue is that local governments are not uniformly required to adopt the exemption, so the holiday could be inconsistent across jurisdictions, which may be seen either as a necessary compromise or as a limitation on the bill’s effectiveness.

Companion Bills

No companion bills found.

Previously Filed As

NY H8512

Exempts from sales tax the amount paid for food and beverages during summer restaurant week and winter restaurant week.

NY A10308

Establishes an annual food tax holiday exempting sales taxes on certain currently taxable food items, including hot and cold prepared foods intended for immediate consumption, and any other ready-to-eat item sold in a grocery store, deli or food counter, meals purchased at a restaurant including takeout and delivery orders, in November or December.

NY S10101

Establishes an annual food tax holiday exempting sales taxes on certain currently taxable food items, including hot and cold prepared foods intended for immediate consumption, and any other ready-to-eat item sold in a grocery store, deli or food counter, meals purchased at a restaurant including takeout and delivery orders, in November or December.

NY HB360

2nd Amendment Sales Tax Holiday created; to exempt certain items from sales tax during the last weekend of August

NY HB1793

Sales tax; exempt retail sales of firearm safes during annual Mississippi Second Amendment Weekend holiday.

NY AJR171

Designates first full week in August of each year as "Farmers Market Week."

NY HB360

2nd Amendment Sales Tax Holiday created; to exempt certain items from sales tax during the last weekend of August

NY A1149

Allows certain restaurants with retail licenses to deliver alcoholic beverages and food in preloaded delivery vehicles.

NY A08503

Directs the department of agriculture and markets to increase the number of regional farmers' markets for the direct marketing of foods and produce produced in the state.

NY SB115

Sales and Use Taxes; clothing and school related supplies during the second week of August each year; exempt sales

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