Relates to permits for licensed brewers to serve small samples of their beer or malt beverages at certain events; includes fees and definition of small sample; such permit shall include the privilege to sell such beverages for consumption off-premises.
STATE OF NEW YORK
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11393
IN ASSEMBLY
June 9, 2010
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Introduced by COMMITTEE ON RULES -- (at request of M. of A. Schimminger)
-- read once and referred to the Committee on Economic Development,
Job Creation, Commerce and Industry
AN ACT to amend the alcoholic beverage control law, in relation to
permits for licensed brewers
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 licensed brewer may obtain a permit to serve small samples of
4 beer or malt beverages it produces at outdoor or indoor gatherings,
5 functions, occasions or events.
6 (b) The fee for such permit shall be twenty dollars and shall be
7 issued by the authority and dated for its period of use, which shall not
8 exceed three days.
9 (c) Tastings at such outdoor or indoor gatherings, functions, occa-
10 sions or events shall be conducted only within the hours fixed by or
11 pursuant to subdivision five of section one hundred six of this chapter,
12 during which alcoholic beverages may be lawfully sold or served upon
13 premises licensed to sell alcoholic beverages at retail for consumption
14 in the community in which the premises in which such outdoor or indoor
15 gathering, function, occasion or event is held.
16 (d) Each serving at tastings shall be served only by the brewer or its
17 employee and shall be limited to three ounces or less of a brand of beer
18 or malt beverage produced by the brewer and no consumer of legal age
19 shall be provided or given more than two servings of such brands offered
20 for tasting.
21 (e) The brewer shall be responsible for ensuring that such samples are
22 only served to individuals legally eligible to consume alcoholic bever-
23 ages in this state.
24 (f) The authority may issue permits to more than one licensed brewer
25 for the same outdoor or indoor gathering, function, occasion or event.
26 (g) Such permit shall include the privilege to sell beer or malt
27 beverages produced by the brewer at such outdoor or indoor gathering,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD17672-01-0
A. 11393 2
1 function, occasion or event, in sealed containers for off-premises
2 consumption.
3 (h) Any liability stemming from a right of action resulting from the
4 sampling or sale of beer or other malt beverages as authorized by this
5 subdivision, and in accordance with the provisions of sections 11-100
6 and 11-101 of the general obligations law, shall accrue to the brewer.
7 (i) The authority is authorized and directed to provide such forms to
8 a brewer to obtain such permit, and promulgate such rules and regu-
9 lations, as it deems necessary or appropriate to implement the
10 provisions of this subdivision to protect the health, safety and welfare
11 of the people of this state.
12 § 2. This act shall take effect immediately.
