S04399 Summary:

BILL NOS04399
 
SAME ASNo Same As
 
SPONSORDILAN
 
COSPNSRKENNEDY
 
MLTSPNSR
 
Amd §51, ABC L
 
Relates to permits for brewers, manufacturers, and importers 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.
Go to top    

S04399 Actions:

BILL NOS04399
 
02/13/2017REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
03/01/20171ST REPORT CAL.282
03/02/20172ND REPORT CAL.
03/06/2017ADVANCED TO THIRD READING
04/25/2017PASSED SENATE
04/25/2017DELIVERED TO ASSEMBLY
04/25/2017referred to economic development
01/03/2018died in assembly
01/03/2018returned to senate
01/03/2018REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
Go to top

S04399 Committee Votes:

Go to top

S04399 Floor Votes:

There are no votes for this bill in this legislative session.
Go to top

S04399 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4399
 
                               2017-2018 Regular Sessions
 
                    IN SENATE
 
                                    February 13, 2017
                                       ___________
 
        Introduced  by  Sens.  DILAN, KENNEDY -- read twice and ordered printed,
          and when printed to be committed to the Committee on Commerce, Econom-
          ic Development 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 10 to read as follows:
     3    10.  (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
    22  shall be provided or given more than two servings of such brands offered
    23  for tasting.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03937-01-7

        S. 4399                             2
 
     1    (e) The brewer or manufacturer or importer shall  be  responsible  for
     2  ensuring that such samples are only served to individuals legally eligi-
     3  ble to consume alcoholic beverages in this state.
     4    (f)  The  authority  may  issue  permits  to  more  than one brewer or
     5  manufacturer or importer for the same outdoor or indoor gathering, func-
     6  tion, occasion or event.
     7    (g) Such permit shall include the  privilege  to  sell  beer  or  malt
     8  beverages produced by the brewer or manufacturer or sold by the importer
     9  at  such  outdoor  or  indoor gathering, function, occasion or event, in
    10  sealed containers for off-premises consumption.
    11    (h) Any liability stemming from a right of action resulting  from  the
    12  sampling  or  sale of beer or other malt beverages as authorized by this
    13  subdivision, and in accordance with the provisions  of  sections  11-100
    14  and 11-101 of the general obligations law, shall accrue to the brewer or
    15  manufacturer or importer.
    16    (i)  The authority is authorized and directed to provide such forms to
    17  a brewer or manufacturer or importer to obtain such permit, and  promul-
    18  gate such rules and regulations, as it deems necessary or appropriate to
    19  implement  the  provisions  of  this  subdivision to protect the health,
    20  safety and welfare of the people of this state.
    21    § 2. This act shall take effect immediately.
Go to top