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A10122 Summary:

BILL NOA10122
 
SAME ASSAME AS S07813-A
 
SPONSORRules (Schimminger)
 
COSPNSRBarrett, Brindisi, Hennessey, Magee, Russell, Santabarbara, Skoufis, Stirpe, Cahill, Lupardo, Brennan, Fahy, Otis, McDonald, Bronson, Palmesano
 
MLTSPNSR
 
Rpld S51 sub 6-a (b) & (d), S52, S58-c sub 2 (d) & (e), S76-a sub 3-a, amd SS51, 51-a, 56, 58, 58-c, 61, 76 & 76-a, ABC L
 
Relates to licenses and permits regarding the manufacture of alcoholic beverages; establishes a supplier's marketing permit to authorize a supplier to conduct tastings and provide samples of alcoholic beverages manufactured by such supplier to consumers; further establishes a supplier's special event permit.
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A10122 Actions:

BILL NOA10122
 
06/16/2014referred to economic development
06/18/2014reported referred to codes
06/18/2014reported referred to ways and means
06/19/2014reported referred to rules
06/19/2014reported
06/19/2014rules report cal.579
06/19/2014ordered to third reading rules cal.579
06/19/2014passed assembly
06/19/2014delivered to senate
06/19/2014REFERRED TO RULES
06/19/2014SUBSTITUTED FOR S7813A
06/19/20143RD READING CAL.1650
06/19/2014PASSED SENATE
06/19/2014RETURNED TO ASSEMBLY
11/10/2014delivered to governor
11/13/2014signed chap.431
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A10122 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10122
 
                   IN ASSEMBLY
 
                                      June 16, 2014
                                       ___________
 
        Introduced by COMMITTEE ON RULES -- (at request of M. of A. Schimminger,
          Barrett,  Brindisi,  Hennessey, Magee, Russell, Santabarbara, Skoufis,
          Stirpe, Bronson) -- (at request of the  Governor)  --  read  once  and
          referred to the Committee on Economic Development
 
        AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
          licenses and permits regarding the manufacture of alcoholic beverages;

          and to repeal certain provisions of such law relating thereto
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.    Section  51  of  the  alcoholic beverage control law is
     2  amended by adding a new subdivision 3-a to read as follows:
     3    3-a. A licensed brewer may at the licensed premises  conduct  tastings
     4  of,  and sell at retail for consumption on or off the licensed premises,
     5  any beer manufactured by the licensee or  any  New  York  state  labeled
     6  beer.  Provided,  however,  that  for tastings and sales for on-premises
     7  consumption, the licensee shall regularly keep food available  for  sale
     8  or  service  to  its retail customers for consumption on the premises. A

     9  licensee providing the following shall be deemed in compliance with this
    10  provision: (i) sandwiches, soups or other  such  foods,  whether  fresh,
    11  processed,  pre-cooked  or  frozen;  and/or  (ii) food items intended to
    12  complement the tasting of alcoholic beverages, which shall mean a diver-
    13  sified selection of food that is ordinarily consumed without the use  of
    14  tableware  and  can  be conveniently consumed while standing or walking,
    15  including but not limited to: cheeses, fruits,  vegetables,  chocolates,
    16  breads,  mustards  and crackers.   All of the provisions of this chapter
    17  relative to licenses to sell beer at retail for consumption on  and  off
    18  the premises shall apply so far as applicable to such licensee.

    19    §  2.  Subdivision  4  of section 51 of the alcoholic beverage control
    20  law, as amended by chapter 100 of the laws of 1940, is amended  to  read
    21  as follows:
    22    4.    A  licensed  brewery  may  operate a restaurant, hotel, catering
    23  establishment, or other food and drinking establishment in  or  adjacent
    24  to  the licensed premises and sell at such place, at retail for consump-
    25  tion on the premises, beer manufactured by the licensee and any New York
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12097-07-4

        A. 10122                            2
 

     1  state labeled beer.  All of the provisions of this chapter  relative  to
     2  licenses  to  sell  beer at retail for consumption on the premises shall
     3  apply so far as applicable to such licensee.  Notwithstanding any  other
     4  provision  of law, the licensed brewer may apply to the liquor authority
     5  for a license to sell beer, wine or liquor at retail for consumption  on
     6  the premises [in a restaurant owned by him and conducted and operated by
     7  him  in  or  adjacent  to  the brewery for which he is licensed] at such
     8  establishment. All  of  the  provisions  of  this  chapter  relative  to
     9  licenses  to  sell beer, wine or liquor at retail for consumption on the
    10  premises shall apply so far as applicable to such application.
    11    § 3. Paragraphs (b) and (d) of subdivision 6-a of section  51  of  the

    12  alcoholic beverage control law are REPEALED.
    13    §  4.  Section  51 of the alcoholic beverage control law is amended by
    14  adding a new subdivision 9 to read as follows:
    15    9. A brewery shall manufacture at least fifty barrels of beer  annual-
    16  ly.
    17    §  5.  Paragraph (g) of subdivision 2 of section 51-a of the alcoholic
    18  beverage control law, as added by chapter 108 of the laws  of  2012,  is
    19  amended to read as follows:
    20    (g)  [sell  and conduct tastings of beer and cider manufactured by the
    21  licensee or any other licensed farm brewery at retail for consumption on
    22  the premises of a restaurant, conference center, inn, bed and  breakfast
    23  or  hotel  business owned and operated by the licensee in or adjacent to
    24  its farm brewery. A  licensee  who  operates  a  restaurant,  conference

    25  center, inn, bed and breakfast or hotel pursuant to such authority shall
    26  comply  with  all  applicable provisions of this chapter which relate to
    27  licenses to sell beer at retail for consumption on the premises] operate
    28  a restaurant, hotel, catering establishment, or other food and  drinking
    29  establishment  in  or adjacent to the licensed premises and sell at such
    30  place, at retail for consumption on the premises, beer and  cider  manu-
    31  factured by the licensee and any New York state labeled beer or New York
    32  state  labeled cider.  All of the provisions of this chapter relative to
    33  licenses to sell beer at retail for consumption on and off the  premises
    34  shall  apply so far as applicable to such licensee.  Notwithstanding any

    35  other provision of law, the licensed  farm  brewery  may  apply  to  the
    36  authority  for  a  license  under  this  chapter to sell other alcoholic
    37  beverages at retail for consumption on the premises at  such  establish-
    38  ment;
    39    §  6. Subdivision 10 of section 51-a of the alcoholic beverage control
    40  law, as added by chapter 108 of the laws of 2012, is amended to read  as
    41  follows:
    42    10.  (a) No farm brewery shall manufacture in excess of [sixty] seven-
    43  ty-five thousand finished barrels of beer and cider annually.
    44    (b) A farm brewery shall manufacture at least fifty  barrels  of  beer
    45  and cider annually.
    46    § 7. Section 52 of the alcoholic beverage control law is REPEALED.

    47    §  8.  Paragraph  (a)  of subdivision 1 of section 56 of the alcoholic
    48  beverage control law, as amended by chapter 108 of the laws of 2012,  is
    49  amended to read as follows:
    50    (a)  four  thousand  dollars for a brewer's license, unless the annual
    51  production of the brewer is  less  than  [sixty]  seventy-five  thousand
    52  barrels  per  year,  in which case the annual fee shall be three hundred
    53  twenty dollars;
    54    § 9. Section 58 of the alcoholic beverage control law  is  amended  by
    55  adding a new subdivision 5 to read as follows:

        A. 10122                            3
 
     1    5.  A cider producer shall manufacture at least fifty gallons of cider
     2  annually.
     3    §  10.  Paragraphs (d) and (e) of subdivision 2 of section 58-c of the
     4  alcoholic beverage control law are REPEALED.

     5    § 11. Paragraph (f) of subdivision 2 of section 58-c of the  alcoholic
     6  beverage  control  law,  as added by chapter 384 of the laws of 2013, is
     7  amended to read as follows:
     8    (f) [sell and conduct tastings of cider manufactured by  the  licensee
     9  or any other licensed farm cidery at retail for consumption on the prem-
    10  ises of a restaurant, conference center, inn, bed and breakfast or hotel
    11  business  owned  and operated by the licensee in or adjacent to its farm
    12  cidery. A licensee who operates a restaurant,  conference  center,  inn,
    13  bed  and breakfast or hotel pursuant to such authority shall comply with
    14  all applicable provisions of this chapter which relate  to  licenses  to
    15  sell  cider  at  retail  for  consumption  on  the  premises] (i) at the

    16  licensed premises, conduct tastings of, and sell at retail for  consump-
    17  tion  on  or  off  the  licensed premises, any cider manufactured by the
    18  licensee or any New York state labeled  cider.  Provided,  however,  for
    19  tastings and sales for on-premises consumption, the licensee shall regu-
    20  larly  keep  food  available for sale or service to its retail customers
    21  for consumption on the premises.  A  licensee  providing  the  following
    22  shall be deemed in compliance with this provision: (A) sandwiches, soups
    23  or  other  such  foods,  whether fresh, processed, pre-cooked or frozen;
    24  and/or (B) food items intended to complement the  tasting  of  alcoholic
    25  beverages,  which  shall  mean  a  diversified selection of food that is

    26  ordinarily consumed without the use of tableware and can be conveniently
    27  consumed while standing or walking, including but not limited to: chees-
    28  es, fruits, vegetables, chocolates, breads, mustards and  crackers.  All
    29  of the provisions of this chapter relative to licensees selling cider at
    30  retail  shall  apply;  and  (ii)  operate  a restaurant, hotel, catering
    31  establishment, or other food and drinking establishment in  or  adjacent
    32  to  the licensed premises and sell at such place, at retail for consump-
    33  tion on the premises, cider manufactured by the  licensee  and  any  New
    34  York state labeled cider. All of the provisions of this chapter relative
    35  to licensees to selling cider at retail shall apply. Notwithstanding any

    36  other  provision  of  law,  the  licensed  farm  cidery may apply to the
    37  authority for a license under  this  chapter  to  sell  other  alcoholic
    38  beverages  at  retail for consumption on the premises at such establish-
    39  ment;
    40    § 12. Subdivision 10 of section 58-c of the alcoholic beverage control
    41  law, as added by chapter 384 of the laws of 2013, is amended to read  as
    42  follows:
    43    10.  (a)  No  farm  cidery  shall  manufacture  in excess of [one] two
    44  hundred fifty thousand gallons of cider annually.
    45    (b) A licensed farm cidery shall produce at  least  fifty  gallons  of
    46  cider annually.
    47    §  13. Subdivision 1-a of section 61 of the alcoholic beverage control
    48  law, as amended by chapter 384 of the laws of 2013, is amended  to  read
    49  as follows:

    50    1-a.  A class A-1 distiller's license shall authorize the holder ther-
    51  eof  to  operate a distillery which has a production capacity of no more
    52  than [thirty-five] seventy-five thousand gallons per year for the  manu-
    53  facture  of  liquors  by  distillation or redistillation at the premises
    54  specifically designated in  the  license.  Such  a  license  shall  also
    55  authorize  the  sale in bulk by such licensee from the licensed premises
    56  of the products manufactured under such license to any person holding  a

        A. 10122                            4
 
     1  winery  license,  farm  winery  license,  distiller's class A license, a
     2  distiller's class B license or a permittee engaged in the manufacture of
     3  products which are unfit for beverage use. It shall also  authorize  the

     4  sale from the licensed premises and from one other location in the state
     5  of  New  York of liquors manufactured by such licensee to a wholesale or
     6  retail liquor licensee or permittee in sealed  containers  of  not  more
     7  than  one  quart  each. In addition, it shall authorize such licensee to
     8  sell from the licensed premises  New  York  state  labelled  liquors  to
     9  licensed  farm  wineries,  farm  breweries,  farm  distilleries and farm
    10  cideries in sealed containers of not more than one quart for retail sale
    11  for off-premises consumption.  Such license shall also include the priv-
    12  ilege to operate a rectifying plant under the same terms and  conditions
    13  as  the holder of a class B-1 distiller's license without the payment of
    14  any additional fee.
    15    § 14. Subdivision 2-b of section 61 of the alcoholic beverage  control

    16  law,  as  amended by chapter 571 of the laws of 2008, is amended to read
    17  as follows:
    18    2-b. A class B-1 distiller's license shall authorize the holder there-
    19  of to operate a rectifying plant which has a production capacity  of  no
    20  more  than  [thirty-five] seventy-five thousand gallons per year for the
    21  manufacture of the products of rectification by purifying  or  combining
    22  alcohol,  spirits,  wine, or beer and the manufacture of cordials by the
    23  redistillation of alcohol or spirits over or with any materials. Such  a
    24  license  shall  also authorize the holder thereof to blend, reduce proof
    25  and bottle on his licensed premises or in a United States customs bonded
    26  warehouse for which a warehouse permit has been issued under this  chap-
    27  ter  for  wholesale  liquor  licensees or for persons authorized to sell

    28  liquor at wholesale pursuant to the laws and  regulation  of  any  other
    29  state,  territorial  possession  of the United States or foreign country
    30  liquor received in bulk by such wholesalers from other states,  territo-
    31  rial  possessions  of  the  United  States  or a foreign country, and to
    32  rebottle or recondition for wholesale liquor or wine  licensees  or  for
    33  persons  authorized  to sell liquor or wine at wholesale pursuant to the
    34  laws and regulations of any other state, territorial possession  of  the
    35  United  States  or  foreign country, liquor or wine manufactured outside
    36  the state, which was purchased  and  received  by  such  wholesalers  in
    37  sealed  containers  not  exceeding  one  quart each of liquor or fifteen
    38  gallons each of wine. Such a license shall also authorize the sale  from
    39  the licensed premises of the products manufactured by such licensee to a

    40  wholesale  or  retail licensee in sealed containers of not more than one
    41  quart each. In addition, it shall authorize such licensee to  sell  from
    42  the  licensed  premises New York state labelled liquors to a farm winery
    43  licensee in sealed containers of not more than one quart for retail sale
    44  for off-premises consumption.
    45    § 15. Paragraph (e) of subdivision 2-c of section 61 of the  alcoholic
    46  beverage  control law, as amended by chapter 454 of the laws of 2008, is
    47  amended to read as follows:
    48    (e) Notwithstanding any other provision of law to  the  contrary,  the
    49  holder  of  a  farm distillery license may [apply to the authority for a
    50  license to sell beer, wine and liquor for consumption on the premises in
    51  a restaurant operated on or adjacent to the  licensed  farm  distillery.

    52  All  the  provisions of this chapter relative to licensees to sell beer,
    53  wine or liquor at retail for consumption on the premises shall apply  so
    54  far  as applicable to such application.] (i) sell at retail for consump-
    55  tion on the licensed premises, any liquor manufactured by  the  licensee
    56  or  any  New  York state labeled liquor. Provided, however, the licensee

        A. 10122                            5
 
     1  shall regularly keep food available for sale or service  to  its  retail
     2  customers  for  consumption  on  the  premises. A licensee providing the
     3  following shall be deemed in compliance with this provision: sandwiches,
     4  soups  or  other  such  foods,  whether  fresh, processed, pre-cooked or

     5  frozen; and/or food items intended to compliment the tasting of alcohol-
     6  ic beverages, which shall mean a diversified selection of food  that  is
     7  ordinarily consumed without the use of tableware and can be conveniently
     8  consumed  while  standing  or  walking,  including  but  not limited to:
     9  cheese, fruits, vegetables, chocolates, breads, mustards  and  crackers.
    10  All  of  the  provisions  of  this  chapter relative to licenses to sell
    11  liquor at retail for consumption on the premises shall apply so  far  as
    12  applicable to such licensee; and
    13    (ii)  operate  a  restaurant,  hotel, catering establishment, or other
    14  food and drinking establishment in or adjacent to the licensed  premises

    15  and  sell  at  such  place,  at  retail for consumption on the premises,
    16  liquor manufactured by the licensee  and  any  New  York  state  labeled
    17  liquor.    All of the provisions of this chapter relative to licenses to
    18  sell liquor at retail for consumption on the premises shall apply so far
    19  as applicable to such licensee.  Notwithstanding any other provision  of
    20  law,  the  licensee  may apply to the authority for a license under this
    21  chapter to sell other alcoholic beverages at retail for  consumption  on
    22  the premises at such establishment.
    23    §  16. Paragraph (f) of subdivision 2-c of section 61 of the alcoholic
    24  beverage control law, as amended by chapter 454 of the laws of 2008,  is
    25  amended to read as follows:

    26    (f) No holder of a farm distillery license shall manufacture in excess
    27  of  [thirty-five]  seventy-five  thousand gallons of liquor annually. In
    28  the case of the holder of a class  A,  A-1,  B,  B-1  or  C  distiller's
    29  license  who operates a farm distillery on the same premises, the liquor
    30  manufactured pursuant to  the  farm  distillery  license  shall  not  be
    31  considered  with  respect  to  any  limitation on the volume that may be
    32  manufactured by the class A, A-1, B, B-1 or C distillery.
    33    § 17. Subdivision 2-c of section 61 of the alcoholic beverage  control
    34  law is amended by adding a new paragraph (g) to read as follows:
    35    (g)  The holder of a license issued under this subdivision may operate
    36  up to one branch office located away from the licensed farm  distillery.

    37  Such  location shall be considered part of the licensed premises and all
    38  activities allowed  at  and  limited  to  the  farm  distillery  may  be
    39  conducted  at the branch office. Such branch office shall not be located
    40  within, share a common entrance and exit  with,  or  have  any  interior
    41  access  to any other business, including premises licensed to sell alco-
    42  holic beverages at retail.  Prior to commencing operation  of  any  such
    43  branch  office,  the licensee shall notify the authority of the location
    44  of such branch office and the authority may issue a permit for the oper-
    45  ation of same.
    46    § 18. Section 61 of the alcoholic beverage control law is  amended  by
    47  adding a new subdivision 7 to read as follows:

    48    7.  Any  person licensed under this section shall manufacture at least
    49  fifty gallons of liquor per year.
    50    § 19. Subdivision 4 of section 76 of the  alcoholic  beverage  control
    51  law,  as  amended by chapter 221 of the laws of 2011, is amended to read
    52  as follows:
    53    4. A licensed winery may [apply to the liquor authority for a  license
    54  to  sell  wine  at  retail  for  consumption  on  the  premises. All the
    55  provisions of this chapter relative to licenses to sell wine  at  retail
    56  for consumption on the premises shall apply so far as applicable to such

        A. 10122                            6

     1  application]  at the licensed premises, conduct tastings of, and sell at

     2  retail for consumption on or off the licensed premises, any wine or wine
     3  product manufactured by the licensee or any New York state labeled  wine
     4  or New York state labeled wine product.  Provided, however, for tastings
     5  and sales for on-premises consumption, the licensee shall regularly keep
     6  food  available for sale or service to its retail customers for consump-
     7  tion on the premises. A licensee providing the following shall be deemed
     8  in compliance with this provision: (i) sandwiches, soups or  other  such
     9  foods,  whether fresh, processed, pre-cooked or frozen; and/or (ii) food
    10  items intended to complement the tasting of alcoholic  beverages,  which
    11  shall  mean  a diversified selection of food that is ordinarily consumed

    12  without the use of tableware and  can  be  conveniently  consumed  while
    13  standing  or  walking,  including  but  not limited to: cheeses, fruits,
    14  vegetables, chocolates, breads, mustards  and  crackers.    All  of  the
    15  provisions  of  this chapter relative to licenses to sell wine at retail
    16  for consumption on or off the premises shall apply so far as  applicable
    17  to such licensee.
    18    §  20. Subdivision 4-a of section 76 of the alcoholic beverage control
    19  law, as amended by chapter 221 of the laws of 2011, is amended  to  read
    20  as follows:
    21    4-a. [Notwithstanding any other provision of law, any winery, licensed
    22  pursuant  to subdivision four of this section to sell wine at retail for

    23  consumption on the premises in  a  restaurant  in  or  adjacent  to  the
    24  winery,  may  apply  to the liquor authority for a license to sell beer,
    25  wine or liquor at retail for consumption on the premises of such restau-
    26  rant. All of the provisions of this chapter relative to licenses to sell
    27  beer, wine or liquor at retail for consumption  on  the  premises  shall
    28  apply  so  far  as applicable to such application] A licensed winery may
    29  operate a restaurant, hotel, catering establishment, or other  food  and
    30  drinking  establishment in or adjacent to the licensed premises and sell
    31  at such place, at retail for consumption on the premises, wine and  wine
    32  products  manufactured  by  the  licensee and any New York state labeled

    33  wine or New York state labeled wine product.  All of the  provisions  of
    34  this chapter relative to licenses to sell wine at retail for consumption
    35  on  the  premises  shall  apply  so  far as applicable to such licensee.
    36  Notwithstanding any other provision of  law,  the  licensed  winery  may
    37  apply  to the authority for a license under article four of this chapter
    38  to sell other alcoholic beverages at retail for consumption on the prem-
    39  ises at such establishment.
    40    § 21. Subdivision 10 of section 76 of the alcoholic  beverage  control
    41  law,  as added by chapter 221 of the laws of 2011, is amended to read as
    42  follows:
    43    10. Notwithstanding any provision of this chapter to the contrary, and
    44  upon payment to the liquor authority of an additional annual fee of  one

    45  hundred  twenty-five dollars, the liquor authority may in its discretion
    46  and upon such terms and conditions as  it  may  prescribe,  issue  to  a
    47  licensed winery upon application therefor a certificate authorizing such
    48  winery to sell wine at retail in sealed containers to a regularly organ-
    49  ized   church,  synagogue  or  religious  organization  for  sacramental
    50  purposes[, and to a householder for consumption in his home].
    51    § 22. Section 76 of the alcoholic beverage control law is  amended  by
    52  adding a new subdivision 14 to read as follows:
    53    14.  Any person licensed under this section shall manufacture at least
    54  fifty gallons of wine per year.

        A. 10122                            7
 
     1    § 23. Paragraph (f) of subdivision 2 of section 76-a of the  alcoholic

     2  beverage  control  law,  as added by chapter 221 of the laws of 2011, is
     3  amended to read as follows:
     4    (f)  [sell wine at retail for consumption on the premises of a restau-
     5  rant, conference center, inn, bed and breakfast or hotel business  owned
     6  and operated by the licensee in or adjacent to the farm winery for which
     7  the  licensee is licensed. A licensee who operates a restaurant, confer-
     8  ence center, inn, bed and breakfast or hotel pursuant to such  authority
     9  shall comply with all applicable provisions of this chapter which relate
    10  to  licenses  to  sell  wine  at retail for consumption on the premises]
    11  operate a restaurant, hotel, catering establishment, or other  food  and
    12  drinking  establishment in or adjacent to the licensed premises and sell

    13  at such place, at retail for consumption on the  premises,  wine,  cider
    14  and  wine  products  manufactured by the licensee and any New York state
    15  labeled wine, New York state labeled cider or  New  York  state  labeled
    16  wine  product.    All  of  the  provisions  of  this chapter relative to
    17  licenses to sell wine at retail for consumption on  the  premises  shall
    18  apply  so far as applicable to such licensee.  Notwithstanding any other
    19  provision of law, the licensed winery may apply to the authority  for  a
    20  license  under  article  four  of  this  chapter to sell other alcoholic
    21  beverages at retail for consumption on the premises at  such  establish-
    22  ment.
    23    §  24.  Subdivision  3-a  of  section  76-a  of the alcoholic beverage

    24  control law is REPEALED.
    25    § 25. Subdivision 8 of section 76-a of the alcoholic beverage  control
    26  law,  as amended by chapter 147 of the laws of 1988 and as renumbered by
    27  chapter 221 of the laws of 2011, is amended to read as follows:
    28    8. (a) No licensed farm winery shall manufacture in  excess  of  [one]
    29  two hundred fifty thousand finished gallons of wine annually.
    30    (b)  Any person licensed under this section shall manufacture at least
    31  fifty gallons of wine per year.
    32    § 26. This act shall take effect on the thirtieth day after  it  shall
    33  have become a law.
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