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S00434 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                          434

                              2013-2014 Regular Sessions

                                   I N  S E N A T E

                                      (PREFILED)

                                    January 9, 2013
                                      ___________

       Introduced  by  Sen.  DILAN  -- read twice and ordered printed, and when
         printed to be committed to the Committee on Commerce, Economic  Devel-
         opment and Small Business

       AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
         permits for brewers, manufacturers  and  importers  of  beer  or  malt
         beverages

         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 amended
    2  by adding a new subdivision 9 to read as follows:
    3    9. (A) A BREWER OR MANUFACTURER AS DEFINED IN SECTION  THREE  OF  THIS
    4  CHAPTER,  OR  AN  IMPORTER  HAVING A BASIC PERMIT AS REQUIRED BY SECTION
    5  1.20 OF TITLE 27 OF THE CODE OF FEDERAL REGULATIONS, MAY OBTAIN A PERMIT
    6  TO SERVE SMALL SAMPLES OF BEER OR MALT BEVERAGES IT PRODUCES OR  IMPORTS
    7  AT OUTDOOR OR INDOOR GATHERINGS, FUNCTIONS, OCCASIONS OR EVENTS.
    8    (B)  THE  FEE  FOR  SUCH  PERMIT  SHALL BE TWENTY DOLLARS AND SHALL BE
    9  ISSUED BY THE AUTHORITY AND DATED FOR ITS PERIOD OF USE, WHICH SHALL NOT
   10  EXCEED THREE DAYS.
   11    (C) TASTINGS AT SUCH OUTDOOR OR INDOOR  GATHERINGS,  FUNCTIONS,  OCCA-
   12  SIONS  OR  EVENTS  SHALL  BE CONDUCTED ONLY WITHIN THE HOURS FIXED BY OR
   13  PURSUANT TO SUBDIVISION FIVE OF SECTION ONE HUNDRED SIX OF THIS CHAPTER,
   14  DURING WHICH ALCOHOLIC BEVERAGES MAY BE LAWFULLY  SOLD  OR  SERVED  UPON
   15  PREMISES  LICENSED TO SELL ALCOHOLIC BEVERAGES AT RETAIL FOR CONSUMPTION
   16  IN THE COMMUNITY IN WHICH THE PREMISES IN WHICH SUCH OUTDOOR  OR  INDOOR
   17  GATHERING, FUNCTION, OCCASION OR EVENT IS HELD.
   18    (D)  EACH  SERVING  AT  TASTINGS SHALL BE SERVED ONLY BY THE BREWER OR
   19  MANUFACTURER OR IMPORTER OR ITS EMPLOYEE AND SHALL BE LIMITED  TO  THREE
   20  OUNCES  OR LESS OF A BRAND OF BEER OR MALT BEVERAGE PRODUCED OR IMPORTED
   21  BY THE BREWER OR MANUFACTURER OR IMPORTER AND NO CONSUMER OF  LEGAL  AGE

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00695-01-3
       S. 434                              2

    1  SHALL BE PROVIDED OR GIVEN MORE THAN TWO SERVINGS OF SUCH BRANDS OFFERED
    2  FOR TASTING.
    3    (E)  THE  BREWER  OR MANUFACTURER OR IMPORTER SHALL BE RESPONSIBLE FOR
    4  ENSURING THAT SUCH SAMPLES ARE ONLY SERVED TO INDIVIDUALS LEGALLY ELIGI-
    5  BLE TO CONSUME ALCOHOLIC BEVERAGES IN THIS STATE.
    6    (F) THE AUTHORITY MAY  ISSUE  PERMITS  TO  MORE  THAN  ONE  BREWER  OR
    7  MANUFACTURER OR IMPORTER FOR THE SAME OUTDOOR OR INDOOR GATHERING, FUNC-
    8  TION, OCCASION OR EVENT.
    9    (G)  SUCH  PERMIT  SHALL  INCLUDE  THE  PRIVILEGE TO SELL BEER OR MALT
   10  BEVERAGES PRODUCED BY THE BREWER OR MANUFACTURER OR SOLD BY THE IMPORTER
   11  AT SUCH OUTDOOR OR INDOOR GATHERING, FUNCTION,  OCCASION  OR  EVENT,  IN
   12  SEALED CONTAINERS FOR OFF-PREMISES CONSUMPTION.
   13    (H)  ANY  LIABILITY STEMMING FROM A RIGHT OF ACTION RESULTING FROM THE
   14  SAMPLING OR SALE OF BEER OR OTHER MALT BEVERAGES AS AUTHORIZED  BY  THIS
   15  SUBDIVISION,  AND  IN  ACCORDANCE WITH THE PROVISIONS OF SECTIONS 11-100
   16  AND 11-101 OF THE GENERAL OBLIGATIONS LAW, SHALL ACCRUE TO THE BREWER OR
   17  MANUFACTURER OR IMPORTER.
   18    (I) THE AUTHORITY IS AUTHORIZED AND DIRECTED TO PROVIDE SUCH FORMS  TO
   19  A  BREWER OR MANUFACTURER OR IMPORTER TO OBTAIN SUCH PERMIT, AND PROMUL-
   20  GATE SUCH RULES AND REGULATIONS, AS IT DEEMS NECESSARY OR APPROPRIATE TO
   21  IMPLEMENT THE PROVISIONS OF THIS  SUBDIVISION  TO  PROTECT  THE  HEALTH,
   22  SAFETY AND WELFARE OF THE PEOPLE OF THIS STATE.
   23    S 2. This act shall take effect immediately.
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