- Summary
- Actions
- Committee Votes
- Floor Votes
- Memo
- Text
- LFIN
- Chamber Video/Transcript
A01971 Summary:
BILL NO | A01971 |
  | |
SAME AS | SAME AS S05427 |
  | |
SPONSOR | Zebrowski (MS) |
  | |
COSPNSR | Cook, Lupardo, Thiele, D'Urso, Blake, Steck, Palmesano, Crouch, Byrne, Friend, Stirpe |
  | |
MLTSPNSR | Giglio, Miller ML |
  | |
Amd §64-c, ABC L | |
  | |
Expands the number of barrels that a restaurant brewer may sell at retail. |
A01971 Actions:
BILL NO | A01971 | |||||||||||||||||||||||||||||||||||||||||||||||||
  | ||||||||||||||||||||||||||||||||||||||||||||||||||
01/18/2019 | referred to economic development | |||||||||||||||||||||||||||||||||||||||||||||||||
05/21/2019 | reported | |||||||||||||||||||||||||||||||||||||||||||||||||
05/23/2019 | advanced to third reading cal.386 | |||||||||||||||||||||||||||||||||||||||||||||||||
05/29/2019 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
05/29/2019 | delivered to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
05/29/2019 | REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS | |||||||||||||||||||||||||||||||||||||||||||||||||
06/14/2019 | SUBSTITUTED FOR S5427 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/14/2019 | 3RD READING CAL.957 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/14/2019 | PASSED SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
06/14/2019 | RETURNED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
12/10/2019 | delivered to governor | |||||||||||||||||||||||||||||||||||||||||||||||||
12/16/2019 | signed chap.655 | |||||||||||||||||||||||||||||||||||||||||||||||||
12/16/2019 | approval memo.46 |
A01971 Committee Votes:
Schimminger | Aye | Friend | Aye | ||||||
Gantt | Excused | Crouch | Aye | ||||||
Cahill | Aye | Giglio | Aye | ||||||
Magnarelli | Aye | Lalor | Aye | ||||||
Lupardo | Aye | Stec | Aye | ||||||
Bronson | Aye | Morinello | Aye | ||||||
Stirpe | Aye | Smullen | Aye | ||||||
Davila | Excused | ||||||||
Bichotte | Aye | ||||||||
Jean-Pierre | Aye | ||||||||
Barron | Nay | ||||||||
Hyndman | Aye | ||||||||
Jones | Aye | ||||||||
Vanel | Aye | ||||||||
Stern | Aye | ||||||||
Buttenschon | Aye | ||||||||
Cruz | Aye | ||||||||
Raynor | Aye | ||||||||
Griffin | Aye | ||||||||
Go to top
A01971 Floor Votes:
Yes
Abbate
Yes
Crespo
ER
Gantt
Yes
LiPetri
Yes
Perry
Yes
Simon
Yes
Abinanti
Yes
Crouch
Yes
Garbarino
Yes
Lupardo
Yes
Pheffer Amato
Yes
Simotas
Yes
Arroyo
Yes
Cruz
ER
Giglio
Yes
Magnarelli
ER
Pichardo
Yes
Smith
Yes
Ashby
Yes
Cusick
Yes
Glick
Yes
Malliotakis
Yes
Pretlow
Yes
Smullen
Yes
Aubry
Yes
Cymbrowitz
Yes
Goodell
Yes
Manktelow
Yes
Quart
Yes
Solages
Yes
Barclay
Yes
Davila
Yes
Gottfried
Yes
McDonald
Yes
Ra
Yes
Stec
Yes
Barnwell
Yes
De La Rosa
Yes
Griffin
ER
McDonough
Yes
Raia
Yes
Steck
Yes
Barrett
Yes
DenDekker
Yes
Gunther
Yes
McMahon
Yes
Ramos
Yes
Stern
No
Barron
Yes
DeStefano
Yes
Hawley
Yes
Mikulin
ER
Raynor
Yes
Stirpe
Yes
Benedetto
Yes
Dickens
Yes
Hevesi
Yes
Miller B
Yes
Reilly
Yes
Tague
Yes
Bichotte
Yes
Dilan
Yes
Hunter
Yes
Miller MG
Yes
Reyes
Yes
Taylor
Yes
Blake
Yes
Dinowitz
Yes
Hyndman
Yes
Miller ML
Yes
Richardson
Yes
Thiele
Yes
Blankenbush
Yes
DiPietro
Yes
Jacobson
ER
Montesano
Yes
Rivera
ER
Titus
Yes
Brabenec
Yes
D'Urso
Yes
Jaffee
Yes
Morinello
Yes
Rodriguez
Yes
Vanel
Yes
Braunstein
Yes
Eichenstein
Yes
Jean-Pierre
Yes
Mosley
Yes
Romeo
Yes
Walczyk
Yes
Bronson
Yes
Englebright
Yes
Johns
Yes
Niou
Yes
Rosenthal D
Yes
Walker
Yes
Buchwald
Yes
Epstein
Yes
Jones
ER
Nolan
Yes
Rosenthal L
Yes
Wallace
Yes
Burke
Yes
Fahy
Yes
Joyner
Yes
Norris
Yes
Rozic
Yes
Walsh
Yes
Buttenschon
Yes
Fall
Yes
Kim
ER
O'Donnell
Yes
Ryan
Yes
Weinstein
Yes
Byrne
Yes
Fernandez
Yes
Kolb
Yes
Ortiz
Yes
Salka
Yes
Weprin
Yes
Byrnes
Yes
Finch
Yes
Lalor
Yes
Otis
Yes
Santabarbara
Yes
Williams
Yes
Cahill
Yes
Fitzpatrick
Yes
Lavine
Yes
Palmesano
Yes
Sayegh
Yes
Woerner
Yes
Carroll
Yes
Friend
Yes
Lawrence
Yes
Palumbo
Yes
Schimminger
Yes
Wright
Yes
Colton
Yes
Frontus
Yes
Lentol
Yes
Paulin
Yes
Schmitt
Yes
Zebrowski
Yes
Cook
Yes
Galef
Yes
Lifton
Yes
Peoples-Stokes
Yes
Seawright
Yes
Mr. Speaker
‡ Indicates voting via videoconference
A01971 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 1971 2019-2020 Regular Sessions IN ASSEMBLY January 18, 2019 ___________ Introduced by M. of A. ZEBROWSKI, COOK, LUPARDO, THIELE, D'URSO, BLAKE, STECK, PALMESANO, CROUCH, BYRNE, FRIEND -- Multi-Sponsored by -- M. of A. GIGLIO, M. L. MILLER -- read once and referred to the Committee on Economic Development AN ACT to amend the alcoholic beverage control law, in relation to expanding the amount of barrels that a restaurant brewer may sell at retail The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivisions 5, 12, 13, 14, 15, 16, 17, 18 and 19 of 2 section 64-c of the alcoholic beverage control law, subdivision 5 as 3 amended by chapter 366 of the laws of 2012, subdivisions 12, 13, 14, 15 4 and 16 as added by chapter 538 of the laws of 1997, subdivision 17 as 5 added by chapter 562 of the laws of 2006, subdivision 18 as added by 6 chapter 181 of the laws of 2008 and subdivision 19 as added by chapter 7 318 of the laws of 2016, are amended to read as follows: 8 5. Such restaurant-brewer license shall in form and in substance be a 9 license to the person specifically licensed to operate a restaurant and 10 sell liquor at retail to be consumed on the premises specifically 11 licensed. Such license shall also be deemed to include a license to: 12 (a) sell wine and beer at retail to be consumed under the same terms 13 and conditions, without the payment of any additional fee; and 14 (b) sell beer brewed on the premises to other retail licensees, where 15 such license is held by the same person holding the restaurant-brewer 16 license, or to commonly owned affiliate licenses, provided that such 17 beer is sold through a New York state licensed beer wholesaler. 18 (c) sell, in the aggregate, no more than two thousand barrels of beer 19 brewed on the premises to other retail licensees, where such other 20 retail licensees are not held by the same person holding the restau- 21 rant-brewer licenses or are not commonly owned affiliate licenses, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01446-01-9A. 1971 2 1 provided that such beer is sold through a New York state licensed beer 2 wholesaler; 3 (d) sell, in the aggregate, no more than two thousand barrels of beer 4 brewed on the licensed premises at retail to a person for consumption in 5 their home and at retail in bulk by the keg, cask or barrel for consump- 6 tion and not for resale. 7 [12. The liquor authority may in its discretion and upon such terms8and conditions as it may prescribe, issue to a licensed restaurant-brew-9er upon his application therefor a supplemental license authorizing the10restaurant-brewer to sell beer brewed on the licensed premises at retail11to a person for consumption in his home, at retail in bulk by the keg,12cask or barrel for consumption and not for resale at a clambake, barbe-13cue, picnic, outing or other similar outdoor gathering at which more14than fifty persons are assembled and at wholesale. Such additional15license shall permit the sale of up to two hundred fifty barrels of beer16per year. No person, who holds multiple licenses under this section and17applies for and receives multiple supplemental licenses, may sell, under18those supplemental licenses, in the aggregate more than one thousand19barrels of beer per year.2013. For the exercise of the privilege granted by such supplemental21license issued under subdivision twelve of this section there is22assessed a fee to be paid by the licensee in the sum of eleven hundred23twenty-five dollars per three-year period plus a one hundred dollar24filing fee and which fee shall be in addition to the fee provided for in25this section for a restaurant-brewer license.2614. An application for a supplemental license under subdivision thir-27teen of this section shall be in such form and shall contain such infor-28mation as shall be required by the liquor authority and shall be accom-29panied by a check or draft in the amount required by subdivision30thirteen of this section.3115.] 12. The fee for an original and a renewal restaurant-brewer 32 license shall be fifty-eight hundred fifty dollars in the counties of 33 New York, Kings, Bronx and Queens; forty-three hundred fifty dollars in 34 the county of Richmond and in cities having a population of more than 35 one hundred thousand and less than one million; thirty-six hundred 36 dollars in cities having a population of more than fifty thousand and 37 less than one hundred thousand; and the sum of twenty-eight hundred 38 fifty dollars elsewhere. Said license shall run for a period of three 39 years. In addition to the license fees provided for in this subdivision, 40 there shall be paid to the authority with each initial application a 41 filing fee of two hundred dollars and with each renewal application a 42 filing fee of one hundred dollars. 43 [16. A restaurant-brewer license issued under this section and a44supplemental license issued under this section shall run concurrently.4517.] 13. (a) A licensee or his or her employee may serve small samples 46 of beer or malt beverages he or she produces at their licensed estab- 47 lishments. 48 (b) Each serving at such tasting shall be served only by the brewer or 49 his or her employee and shall be limited to three ounces or less of a 50 brand of beer or malt beverage produced by the brewer and no consumer of 51 legal age shall be provided or given more than two servings of such 52 brands offered for tasting. 53 (c) The authority is authorized and directed to promulgate such rules 54 and regulations, as it deems necessary or appropriate to implement the 55 provisions of this subdivision to protect the health, safety and welfare 56 of the people of this state.A. 1971 3 1 [18.] 14. Notwithstanding the provisions of subdivision six of this 2 section or of subdivision thirteen of section one hundred six of this 3 chapter, the authority may issue a restaurant brewer's license pursuant 4 to this section for a premises which shall be located wholly within the 5 town of Ulster, county of Ulster, state of New York, bounded and 6 described as follows: 7 ALL that certain plot, piece or parcel of land with the buildings and 8 improvements thereon erected, situate, lying and being in the Town of 9 Ulster, County of Ulster and the State of New York, bounded and 10 described as follows: 11 BEGINNING at a point on the Northeasterly side of City View Terrace, 12 said point being the Westerly corner of the lands of the State of New 13 York and a Southwesterly corner of the herein described parcel; THENCE 14 from said point of beginning along the Northeasterly side of City View 15 Terrace, North 43 degrees 36 minutes 03 seconds West, 109.02 feet to a 16 point on the Southeasterly side of Forest Hill Drive; THENCE along the 17 Southeasterly side of Forest Hill Drive the following course and 18 distances, North 16 degrees 32 minutes 34 seconds West, 92.62 feet to a 19 point; THENCE North 10 degrees 38 minutes 26 seconds East, 70.45 feet to 20 a point; THENCE North 35 degrees 53 minutes 26 seconds East, 122.45 feet 21 to a point; THENCE North 46 degrees 30 minutes 26 seconds East, 203.40 22 feet to a point; THENCE North 62 degrees 37 minutes 26 seconds East; 23 115.94 feet to a point; THENCE North 79 degrees 39 minutes 26 seconds 24 East, 47.82 feet to a point; THENCE North 45 degrees 16 minutes 41 25 seconds East, 63.33 feet to a recovered bar; THENCE along the bounds of 26 lands of now or formerly Skytop Village Associates, L. 1916-P. 134, the 27 following courses and distances, South 37 degrees 08 minutes 02 seconds 28 East, 196.33 feet to a recovered bar; THENCE South 65 degrees 47 minutes 29 02 seconds East, 90.63 feet to a point; THENCE North 77 degrees 23 30 minutes 58 seconds East, 233.85 feet to a recovered bar; THENCE North 85 31 degrees 29 minutes 58 seconds East, 297.09 feet to a recovered bar; 32 THENCE South 63 degrees 30 minutes 02 seconds East, 108.50 feet to a 33 recovered bar; THENCE along the bounds of lands of now or formerly 34 Robert D. Sabino, L. 1487-P. 397, and along a stone wall, South 32 35 degrees 24 minutes 04 seconds West, 353.51 feet to a point; THENCE leav- 36 ing said stone and along the bounds of lands of now or formerly Stanley 37 Amerling, L. 1440-P. 908, South 75 degrees 41 minutes 26 seconds West, 38 264.62 feet to a point; THENCE along the bounds of lands of Summit Prop- 39 erties, LLC, L. 2856-P. 82, the following courses and distances, North 40 41 degrees 29 minutes 34 seconds West, 50.00 feet to a point; THENCE 41 South 71 degrees 10 minutes 26 seconds West, 89.84 feet to a point; 42 THENCE South 59 degrees 51 minutes 26 seconds West, 251.72 feet to a 43 point; THENCE South 13 degrees 15 minutes 34 seconds East, 90.20 feet to 44 a point; THENCE along the bounds of lands of said State of New York, the 45 following courses and distances, North 56 degrees 41 minutes 34 seconds 46 West, 168.79 feet to a point; THENCE North 75 degrees 51 minutes 34 47 seconds West, 254.10 feet to the point and place of beginning. Being the 48 same premises as conveyed to Skytop Motel, LLC by deed of Stewart Title, 49 as agent of the grantor, Skytop Motel, Inc., dated April 29, 2003 and 50 recorded in the office of the Ulster County Clerk on June 10, 2003 as 51 document no. 2003-00016207, Receipt no. 48178, Bk-D VI-3621, pg-171. 52 [19.] 15. Notwithstanding the provisions of subdivision six of this 53 section or of subdivision thirteen of section one hundred six of this 54 chapter, the authority may issue a restaurant brewer's license pursuant 55 to this section for a premises which shall be located wholly within theA. 1971 4 1 city of Peekskill, county of Westchester, state of New York, bounded and 2 described as follows: 3 Any such premises or business located on all that certain parcel of 4 land situate in the City of Peekskill, County of Westchester and State 5 of New York, that is a portion of Parcel I as it is shown on that 6 certain map entitled, "Survey . . at Charles Point . . " which was filed 7 in the Westchester County Clerk's Office on October 23, 1980 as Map No. 8 20407 that is bounded and described as follows: 9 BEGINNING at a point on the easterly shoreline of the Hudson River and 10 within the bounds of the said Parcel I as it is shown on the said Filed 11 Map NO. 20407, which point occupies coordinate position: 12 North 464418.83 (y) 13 East 607401.00 (x) 14 of the New York State Coordinate System, East Zone and which point is 15 distant, the following courses from the southerly corner of the Parcel 16 shown on Map No. 20407 that occupies coordinate position 17 North 463520.804 (y) 18 East 608470.681 (x) 19 of the aforesaid New York State Coordinate System, East Zone: 20 North 47 degrees 30' 36" West 856.60 feet, 21 North 77 degrees 10' 53" West 488.18 feet, 22 North 41 degrees 17' 53" West 113.32 feet and 23 North 41 degrees 50' 16" East 169.08 feet; 24 THENCE from the said point of beginning along the said easterly shore- 25 line (high water mark) of the east bank of the Hudson River: 26 Due North 16.17 feet, 27 North 53 degrees 58' 22" West 13.60 feet, 28 North 73 degrees 04' 21" West 24.04 feet, 29 North 63 degrees 26' 06" West 22.36 feet, 30 North 82 degrees 18' 14" West 37.34 feet, 31 North 64 degrees 47' 56" West 37.58 feet, 32 South 82 degrees 52' 30" West 16.12 feet, 33 North 61 degrees 41' 57" West 14.76 feet and 34 South 21 degrees 48' 05" West 9.71 feet; 35 THENCE leaving the high water mark and running across a peninsula of 36 land and along the division line between Parcel I and Parcel II as shown 37 on said Filed Map No. 20407, North 65 degrees 32' 43" West 30.18 feet to 38 another point on the said easterly shoreline (high water mark) of the 39 East Bank of the Hudson River; 40 THENCE northerly along the said high water mark, the following cours- 41 es: 42 North 3 degrees 00' 46" West 17.54 feet, 43 North 13 degrees 45' 39" West 50.45 feet, 44 North 10 degrees 49' 23" West 69.23 feet, 45 North 0 degrees 47' 22" West 52.48 feet to a point which is the point 46 of beginning of the hereinafter described 40 foot easement which point 47 occupies coordinate position 48 North 464676.48 (y) 49 East 607189.28 (x) 50 of the New York State Coordinate System, East Zone; 51 THENCE continuing along the aforesaid easterly shoreline (high water 52 mark) of the East Bank of the Hudson, the following courses: 53 North 10 degrees 18' 17" West 23.91 feet, 54 North 39 degrees 04' 58" West 21.39 feet, 55 North 20 degrees 13' 30" West 21.74 feet, 56 North 39 degrees 02' 08" West 95.27 feet,A. 1971 5 1 North 13 degrees 08' 02" West 30.81 feet, 2 North 18 degrees 26' 06" West 53.76 feet, 3 North 28 degrees 10' 43" West 63.53 feet, 4 North 18 degrees 26' 06" West 50.60 feet, 5 North 37 degrees 14' 05" West 31.40 feet, 6 North 21 degrees 15' 02" West 96.57 feet, 7 North 32 degrees 00' 19" West 47.17 feet, 8 North 1 degree 18' 07" West 44.01 feet and 9 North 17 degrees 14' 29" East 29.32 feet to a point on the southerly 10 line of lands under lease to the County of Westchester (Resco Site); 11 THENCE along the said County of Westchester (Resco Site) lands: Due 12 East 432.31 feet to a point on the westerly line of an easement and a 13 right-of-way leading to Charles Point Avenue; 14 THENCE along the said westerly and southwesterly line of the said 15 right-of-way leading to Charles Point Avenue: Due South 241.16 feet and 16 South 27 degrees 13' 00" East 406.90 feet to a point; 17 THENCE leaving the said easement and running along other lands now or 18 formerly of The City of Peekskill Industrial Development Agency, South 19 41 degrees 50' 16" West 270.01 feet to the aforementioned easterly 20 shoreline (high water mark) of the East Bank of the Hudson River and the 21 point or place of beginning. 22 TOGETHER with an easement over all that parcel of land situate in the 23 City of Peekskill, County of Westchester and State of New York that is 24 more particularly bounded and described as follows: 25 BEGINNING at a point on the westerly line of Charles Point Avenue with 26 the said westerly line is intersected by the line dividing the easement 27 herein described on the south from lands under lease to the County of 28 Westchester (Resco Site) on the north which point occupies coordinate 29 position: 30 North 464719.99 (y) 31 East 608004.15 (x) 32 of the New York State Coordinate System, East Zone; 33 THENCE from the said point of beginning southerly along the said 34 westerly line of Charles Point Avenue, South 14 degrees 54' 00" West 35 103.48 feet to a point; 36 THENCE westerly along other lands of the City of Peekskill Industrial 37 Development Agency: Due West 396.44 feet to a point which is the easter- 38 ly most corner of the lands of Point Associates, the grantee herein; 39 THENCE along the northeasterly line of the said Point Associates' 40 land, North 27 degrees 13' 00" West 406.90 feet and Due North 241.16 41 feet to a point on the southerly line of the aforementioned lands leased 42 to the County of Westchester (Resco Site); 43 THENCE easterly along the said southerly line Due East 75.00 feet to a 44 point; 45 THENCE southeasterly and easterly still along the said lands leased to 46 the County of Westchester (Resco Site) the following courses: 47 Due South 223.00 feet, 48 South 27 degrees 13' 00" East 314.87 feet and 49 Due East 390.14 feet to the aforementioned westerly line of Charles 50 Point Avenue and the point or place of BEGINNING. 51 TOGETHER WITH a non-exclusive easement for utilities, and ingress and 52 egress over that certain right of way leading from Charles Point Avenue, 53 now known as John E. Walsh Boulevard, in a westerly and northwesterly 54 direction to the above described premises and as more fully described in 55 the Declaration of Easement recorded in Liber 8888 cp 35.A. 1971 6 1 § 2. This act shall take effect on the thirtieth day after it shall 2 have become a law. Effective immediately, the addition, amendment and/or 3 repeal of any rule or regulation necessary for the implementation of 4 this act on its effective date are authorized and directed to be made 5 and completed on or before such effective date.