-  This bill is not active in this session.
 

S00267 Summary:

BILL NOS00267
 
SAME ASSAME AS A01512
 
SPONSORLARKIN
 
COSPNSRBONACIC, CARLUCCI, GALLIVAN, GIPSON, GRISANTI, MAZIARZ, NOZZOLIO, O'MARA, RITCHIE, SEWARD
 
MLTSPNSR
 
Amd SS3, 17, 75, 76-a, 76-c, 83 & 99-d, add S76-f, ABC L
 
Authorizes licensed roadside farm markets to sell wine from up to two farm or special wineries or micro-wineries located within 20 miles of such licensed roadside farm market.
Go to top    

S00267 Actions:

BILL NOS00267
 
01/09/2013REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
03/05/20131ST REPORT CAL.153
03/06/20132ND REPORT CAL.
03/07/2013ADVANCED TO THIRD READING
05/07/2013PASSED SENATE
05/07/2013DELIVERED TO ASSEMBLY
05/07/2013referred to codes
06/18/2013substituted for a1512
06/18/2013ordered to third reading rules cal.297
06/18/2013passed assembly
06/18/2013returned to senate
09/17/2013DELIVERED TO GOVERNOR
09/27/2013SIGNED CHAP.355
Go to top

S00267 Floor Votes:

DATE:06/18/2013Assembly Vote  YEA/NAY: 140/0
Yes
Abbate
Yes
Crespo
Yes
Goodell
Yes
Lupardo
Yes
Paulin
Yes
Simanowitz
Yes
Abinanti
Yes
Crouch
Yes
Gottfried
Yes
Lupinacci
Yes
Peoples-Stokes
Yes
Simotas
Yes
Arroyo
Yes
Curran
Yes
Graf
Yes
Magee
Yes
Perry
Yes
Skartados
Yes
Aubry
Yes
Cusick
Yes
Gunther
Yes
Magnarelli
Yes
Pretlow
Yes
Skoufis
Yes
Barclay
Yes
Cymbrowitz
Yes
Hawley
Yes
Maisel
Yes
Quart
Yes
Solages
Yes
Barrett
Yes
DenDekker
Yes
Heastie
Yes
Malliotakis
Yes
Ra
Yes
Stec
Yes
Barron
Yes
Dinowitz
Yes
Hennessey
Yes
Markey
Yes
Rabbitt
Yes
Steck
Yes
Benedetto
Yes
DiPietro
Yes
Hevesi
Yes
Mayer
Yes
Raia
Yes
Stevenson
Yes
Blankenbush
Yes
Duprey
ER
Hikind
Yes
McDonald
Yes
Ramos
Yes
Stirpe
Yes
Borelli
Yes
Englebright
Yes
Hooper
Yes
McDonough
Yes
Reilich
Yes
Sweeney
AB
Boyland
Yes
Espinal
Yes
Jacobs
Yes
McKevitt
Yes
Rivera
Yes
Tedisco
Yes
Braunstein
Yes
Fahy
Yes
Jaffee
Yes
McLaughlin
Yes
Roberts
Yes
Tenney
Yes
Brennan
Yes
Farrell
Yes
Johns
Yes
Miller
ER
Robinson
Yes
Thiele
ER
Brindisi
Yes
Finch
Yes
Jordan
Yes
Millman
Yes
Rodriguez
Yes
Titone
Yes
Bronson
Yes
Fitzpatrick
Yes
Katz
Yes
Montesano
Yes
Rosa
Yes
Titus
Yes
Brook-Krasny
Yes
Friend
Yes
Kavanagh
Yes
Morelle
Yes
Rosenthal
Yes
Walter
Yes
Buchwald
Yes
Gabryszak
Yes
Kearns
Yes
Mosley
Yes
Rozic
Yes
Weinstein
Yes
Butler
Yes
Galef
Yes
Kellner
Yes
Moya
Yes
Russell
Yes
Weisenberg
Yes
Cahill
Yes
Gantt
Yes
Kim
Yes
Nojay
Yes
Ryan
Yes
Weprin
Yes
Camara
Yes
Garbarino
Yes
Kolb
Yes
Nolan
Yes
Saladino
Yes
Wright
Yes
Ceretto
Yes
Gibson
ER
Lalor
Yes
Oaks
Yes
Santabarbara
Yes
Zebrowski
Yes
Clark
Yes
Giglio
Yes
Lavine
Yes
O'Donnell
ER
Scarborough
Yes
Mr. Speaker
Yes
Colton
ER
Gjonaj
Yes
Lentol
Yes
Ortiz
Yes
Schimel
Yes
Cook
Yes
Glick
Yes
Lifton
Yes
Otis
Yes
Schimminger
Yes
Corwin
Yes
Goldfeder
Yes
Lopez
Yes
Palmesano
Yes
Sepulveda

‡ Indicates voting via videoconference
Go to top

S00267 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           267
 
                               2013-2014 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 9, 2013
                                       ___________
 
        Introduced  by  Sens.  LARKIN,  BONACIC,  CARLUCCI,  GALLIVAN, GRISANTI,
          MAZIARZ, O'MARA, RITCHIE, SEWARD -- read twice  and  ordered  printed,
          and  when  printed  to be committed to the Committee on Investigations
          and Government Operations
 

        AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
          authorizing  the  sale of wine produced by farm or special wineries or
          micro-wineries at licensed roadside farm markets
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Section 3 of the alcoholic beverage control law is amended
     2  by adding a new subdivision 27-a to read as follows:
     3    27-a. "Roadside farm market" means any retailer authorized to sell New
     4  York state labelled wine pursuant to section seventy-six-f of this chap-
     5  ter.
     6    § 2. Subdivision 3 of section 17 of  the  alcoholic  beverage  control
     7  law,  as  amended by chapter 118 of the laws of 2012, is amended to read
     8  as follows:
     9    3. To revoke, cancel or suspend for cause any license or permit issued

    10  under this chapter and/or to impose a civil penalty  for  cause  against
    11  any  holder  of a license or permit issued pursuant to this chapter. Any
    12  civil penalty so imposed shall  not  exceed  the  sum  of  ten  thousand
    13  dollars  as  against  the holder of any retail permit issued pursuant to
    14  sections ninety-five,  ninety-seven,  ninety-eight,  ninety-nine-d,  and
    15  paragraph f of subdivision one of section ninety-nine-b of this chapter,
    16  and  as  against  the  holder  of  any retail license issued pursuant to
    17  sections fifty-two, fifty-three-a, fifty-four, fifty-four-a, fifty-five,
    18  fifty-five-a,  sixty-three,  sixty-four,   sixty-four-a,   sixty-four-b,
    19  sixty-four-c,  seventy-six-f,  seventy-nine, eighty-one and eighty-one-a
    20  of this chapter, and the sum of thirty thousand dollars as  against  the

    21  holder  of  a  license issued pursuant to sections fifty-three, seventy-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01353-01-3

        S. 267                              2
 
     1  six, seventy-six-a, and seventy-eight of this chapter, provided that the
     2  civil penalty against the holder of a wholesale license issued  pursuant
     3  to  section  fifty-three of this chapter shall not exceed the sum of ten
     4  thousand dollars where that licensee violates provisions of this chapter
     5  during the course of the sale of beer at retail to a person for consump-
     6  tion at home, and the sum of one hundred thousand dollars as against the
     7  holder  of  any license issued pursuant to sections fifty-one, sixty-one

     8  and sixty-two of this chapter. Any civil penalty so imposed shall be  in
     9  addition  to and separate and apart from the terms and provisions of the
    10  bond required pursuant to section one hundred twelve  of  this  chapter.
    11  Provided  that  no  appeal  is  pending  on the imposition of such civil
    12  penalty, in the event such civil penalty imposed by the division remains
    13  unpaid, in whole or in part, more than  forty-five  days  after  written
    14  demand  for  payment has been sent by first class mail to the address of
    15  the licensed premises, a notice of impending default judgment  shall  be
    16  sent  by  first  class  mail to the licensed premises and by first class
    17  mail to the last known home address of the person who  signed  the  most
    18  recent  license  application.  The  notice of impending default judgment
    19  shall advise the licensee: (a) that a civil penalty was imposed  on  the

    20  licensee;  (b)  the  date the penalty was imposed; (c) the amount of the
    21  civil penalty; (d) the amount of the civil penalty that  remains  unpaid
    22  as  of  the  date  of the notice; (e) the violations for which the civil
    23  penalty was imposed; and (f) that a judgment by default will be  entered
    24  in  the  supreme  court of the county in which the licensed premises are
    25  located, or other  court  of  civil  jurisdiction  or  any  other  place
    26  provided  for  the entry of civil judgments within the state of New York
    27  unless the division receives full payment of  all  civil  penalties  due
    28  within  twenty days of the date of the notice of impending default judg-
    29  ment. If full payment shall not have been received by the division with-
    30  in thirty days of mailing of the notice of impending  default  judgment,
    31  the  division  shall proceed to enter with such court a statement of the

    32  default judgment containing the  amount  of  the  penalty  or  penalties
    33  remaining  due  and unpaid, along with proof of mailing of the notice of
    34  impending default judgment. The filing of such judgment shall  have  the
    35  full  force  and  effect  of  a default judgment duly docketed with such
    36  court pursuant to the civil practice law and  rules  and  shall  in  all
    37  respects  be  governed  by  that chapter and may be enforced in the same
    38  manner and with the same effect as that provided by law  in  respect  to
    39  execution issued against property upon judgments of a court of record. A
    40  judgment entered pursuant to this subdivision shall remain in full force
    41  and effect for eight years notwithstanding any other provision of law.
    42    §  3.  Subdivision  3  of section 17 of the alcoholic beverage control
    43  law, as separately amended by section 1 of part  L  of  chapter  62  and

    44  chapter 522 of the laws of 2003, is amended to read as follows:
    45    3. To revoke, cancel or suspend for cause any license or permit issued
    46  under  this  chapter  and/or to impose a civil penalty for cause against
    47  any holder of a license or permit issued pursuant to this  chapter.  Any
    48  civil  penalty  so  imposed  shall  not  exceed  the sum of ten thousand
    49  dollars as against the holder of any retail permit  issued  pursuant  to
    50  sections  ninety-five,  ninety-seven,  ninety-eight,  ninety-nine-d, and
    51  paragraph f of subdivision one of section ninety-nine-b of this chapter,
    52  and as against the holder of  any  retail  license  issued  pursuant  to
    53  sections fifty-two, fifty-three-a, fifty-four, fifty-four-a, fifty-five,
    54  fifty-five-a,   sixty-three,   sixty-four,  sixty-four-a,  sixty-four-b,

    55  sixty-four-c, seventy-six-f, seventy-nine, eighty-one, and  eighty-one-a
    56  of  this  chapter, and the sum of thirty thousand dollars as against the

        S. 267                              3
 
     1  holder of a license issued pursuant to  sections  fifty-three,  seventy-
     2  six,  seventy-six-a[, seventy-six-f,] and seventy-eight of this chapter,
     3  provided that the civil  penalty  against  the  holder  of  a  wholesale
     4  license issued pursuant to section fifty-three of this chapter shall not
     5  exceed  the  sum  of  ten  thousand dollars where that licensee violates
     6  provisions of this chapter during the course of  the  sale  of  beer  at
     7  retail  to  a person for consumption at home, and the sum of one hundred
     8  thousand dollars as against the holder of any license issued pursuant to

     9  sections fifty-one, sixty-one and sixty-two of this chapter.  Any  civil
    10  penalty  so  imposed shall be in addition to and separate and apart from
    11  the terms and provisions of the bond required pursuant  to  section  one
    12  hundred  twelve  of  this chapter. Provided that no appeal is pending on
    13  the imposition of such civil penalty, in the event  such  civil  penalty
    14  imposed  by  the division remains unpaid, in whole or in part, more than
    15  forty-five days after written demand for payment has been sent by  first
    16  class  mail to the address of the licensed premises, a notice of impend-
    17  ing default judgment shall be sent by first class mail to  the  licensed
    18  premises  and  by first class mail to the last known home address of the
    19  person who signed the most recent license  application.  The  notice  of
    20  impending  default  judgment shall advise the licensee: (a) that a civil

    21  penalty was imposed on the  licensee;  (b)  the  date  the  penalty  was
    22  imposed;  (c)  the  amount  of  the civil penalty; (d) the amount of the
    23  civil penalty that remains unpaid as of the date of the notice; (e)  the
    24  violations for which the civil penalty was imposed; and (f) that a judg-
    25  ment  by  default  will be entered in the supreme court of the county in
    26  which the licensed premises are located, or other court of civil  juris-
    27  diction,  or  any  other place provided for the entry of civil judgments
    28  within the state of New York unless the division receives  full  payment
    29  of  all civil penalties due within twenty days of the date of the notice
    30  of impending default judgment. If  full  payment  shall  not  have  been
    31  received  by the division within thirty days of mailing of the notice of
    32  impending default judgment, the division shall  proceed  to  enter  with

    33  such  court a statement of the default judgment containing the amount of
    34  the penalty or penalties remaining due and unpaid, along with  proof  of
    35  mailing  of the notice of impending default judgment. The filing of such
    36  judgment shall have the full force and effect of a default judgment duly
    37  docketed with such court pursuant to the civil practice  law  and  rules
    38  and  shall  in  all  respects  be  governed  by  that chapter and may be
    39  enforced in the same manner and with the same effect as that provided by
    40  law in respect to execution issued against property upon judgments of  a
    41  court  of  record. A judgment entered pursuant to this subdivision shall
    42  remain in full force and effect  for  eight  years  notwithstanding  any
    43  other provision of law.
    44    §  4.  Subdivision  4  of section 75 of the alcoholic beverage control

    45  law, as amended by chapter 275 of the laws of 1976, is amended and a new
    46  subdivision 5 is added to read as follows:
    47    4. License to sell wine at retail for consumption on the premises[.];
    48    5. Roadside farm market license.
    49    § 5. Section 76-a of the alcoholic beverage control law is amended  by
    50  adding a new subdivision 10 to read as follows:
    51    10. Notwithstanding any other provision of this chapter, a farm winery
    52  license shall authorize the holder thereof to sell wines manufactured or
    53  produced  by such licensee to a roadside farm market pursuant to section
    54  seventy-six-f of this article.
    55    § 6. Section 76-c of the alcoholic beverage control law is amended  by
    56  adding a new subdivision 3 to read as follows:


        S. 267                              4
 
     1    3.  Notwithstanding  any  other  provision  of this chapter, a special
     2  winery license shall authorize the holder thereof to sell wines manufac-
     3  tured or produced by such licensee to a roadside farm market pursuant to
     4  section seventy-six-f of this article.
     5    §  7.  The  alcoholic  beverage control law is amended by adding a new
     6  section 76-f to read as follows:
     7    § 76-f. Roadside farm market license. 1. Any person owning or  operat-
     8  ing a roadside farm market may apply to the liquor authority for a road-
     9  side  farm  market  license  to sell wine pursuant to this section. Such
    10  application shall be in writing and verified,  and  shall  contain  such

    11  information  as the liquor authority shall require and shall be accompa-
    12  nied by a check or draft for the amount required  by  this  article  for
    13  such  license.  If  the liquor authority shall grant the application, it
    14  shall issue a license in such form as shall be determined by its  rules,
    15  and the license shall remain in effect for one year.
    16    2.  For  the purposes of this section, the term "roadside farm market"
    17  means a building or structure located on a farm operation, as defined in
    18  subdivision eleven of section three hundred one of the  agriculture  and
    19  markets  law, except for a commercial horse boarding operation, in which
    20  New York agricultural products are primarily sold by producers,  growers

    21  or  farmers of such agricultural products to the general public, and the
    22  term "New York agricultural product" means any agricultural or  aquacul-
    23  tural  product  of  the  soil or water that has been grown, harvested or
    24  produced within the state, including but not limited to fruits,  vegeta-
    25  bles,  eggs, dairy products, meat and meat products, poultry and poultry
    26  products, fish and fish products, grain and grain products, honey, nuts,
    27  preserves, maple sap products, apple cider, fruit juice,  and  Christmas
    28  trees.
    29    3.  A  roadside farm market license shall authorize the holder thereof
    30  to sell wine manufactured or produced by up to two duly licensed farm or
    31  special wineries or micro-wineries that are located within twenty  miles

    32  of  the roadside farm market by the bottle for off-premises consumption;
    33  provided that such market's owner, operator or representative  shall  be
    34  present  at  all times during which wine is being offered for sale. Such
    35  market shall be deemed to possess a warehouse permit and be permitted to
    36  warehouse up to twenty cases of wine; provided that  such  market  shall
    37  abide by all rules and regulations promulgated pursuant to section nine-
    38  ty-six  of  this chapter and any other rules and regulations promulgated
    39  by the liquor authority to implement the provisions of this  section  to
    40  ensure that wine stored or kept by such market is segregated and kept in
    41  a safe and secure location when such market is closed for business.

    42    4.  The  sale of wine pursuant to this section shall occur only within
    43  the hours fixed by or pursuant to subdivision fourteen  of  section  one
    44  hundred  five of this chapter. Notwithstanding the provisions of section
    45  eighty of this article or any other provision of law, no  wine  tastings
    46  shall  be  conducted  at a roadside farm market that sells wine for off-
    47  premises consumption pursuant to the provisions of this section.
    48    5. The liquor authority, in consultation with the department of  agri-
    49  culture  and  markets, shall promulgate any rules and regulations neces-
    50  sary to implement the provisions of this section.
    51    § 8. Section 83 of the alcoholic beverage control law  is  amended  by
    52  adding a new subdivision 8 to read as follows:

    53    8.  The  annual  fee  for  a roadside farm market license shall be one
    54  hundred dollars.

        S. 267                              5
 
     1    § 9. Subdivision 1 of section 99-d of the alcoholic  beverage  control
     2  law,  as  amended by chapter 213 of the laws of 2010, is amended to read
     3  as follows:
     4    1.  Before  any  substantial  alteration to a licensed premises may be
     5  undertaken by or on the behalf of any  licensee  except  a  micro-winery
     6  [or],  a  farm winery or a roadside farm market, the licensee shall make
     7  an application to the liquor authority for  permission  to  effect  such
     8  alteration.  A  substantial  alteration shall include any enlargement or
     9  contraction of a licensed premises  whether  indoors  or  outdoors;  any

    10  physical  change that reduces the visibility that existed at the time of
    11  licensing; any other physical changes in  the  interior  of  a  licensed
    12  premises  that  materially affect the character of the premises; and, in
    13  the case of establishments licensed for consumption on the premises, any
    14  material changes to the dining or kitchen facilities, or any  change  in
    15  the  size or location of any bar within the contemplation of subdivision
    16  four of section one hundred of this chapter at which alcoholic beverages
    17  are dispensed. A minor alteration shall be deemed to be one costing  and
    18  valued  at  less  than  ten  thousand dollars, which does not materially
    19  affect the character of the premises  or  the  physical  structure  that
    20  existed  at  the time of licensing. Before commencing work on the alter-

    21  ation, any licensee other than a micro-winery [or], a farm winery  or  a
    22  roadside  farm  market licensee, shall request permission to effect such
    23  minor alteration and shall submit an affidavit to the  liquor  authority
    24  by  filing  the  same  in  person  or  by  certified mail return receipt
    25  requested or overnight delivery service with proof of mailing  on  forms
    26  prescribed by the authority. A winery, micro-winery, [or] farm winery or
    27  roadside  farm market licensee is not required to obtain permission from
    28  the authority to make a minor alteration to its premises. The  affidavit
    29  shall include but not be limited to a description of the proposed alter-
    30  ation,  the  cost  and  value of the alteration, and the source of money
    31  making the alteration possible. Upon  receipt  of  such  affidavit,  the

    32  authority  shall have twenty days in which to review the proposed alter-
    33  ation and notify the licensee of any objection to the same by  certified
    34  mail  return receipt requested. If no such objection is made within such
    35  period permission shall  be  deemed  to  have  been  granted.  Work  may
    36  commence  on  such alteration if no objection is received by the twenty-
    37  fifth day after filing such affidavit. The cost of  an  alteration,  for
    38  purposes  of  this subdivision, shall be equal to the total sum expended
    39  to complete the proposed alteration excluding professional fees.
    40    § 10. This act shall take effect on  the  one  hundred  eightieth  day
    41  after it shall have become a law; provided that the amendments to subdi-
    42  vision  3  of  section 17 of the alcoholic beverage control law, made by
    43  section two of this act, shall not affect the expiration  and  reversion

    44  of  such  subdivision and shall expire and be deemed repealed therewith,
    45  when upon such date section three of this act  shall  take  effect;  and
    46  provided,  further, that any and all rules and regulations and any other
    47  measures necessary to implement any provision of this act on its  effec-
    48  tive  date  may be promulgated and taken, respectively, on or before the
    49  effective date of such provision.
Go to top