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S05438 Summary:

S05438 Actions:

S05438 Committee Votes:

S05438 Floor Votes:

S05438 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5438--A
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                      March 5, 2021
                                       ___________
 
        Introduced  by  Sens.  HINCHEY, BORRELLO, BRISPORT, GALLIVAN, GOUNARDES,
          MAY, OBERACKER, O'MARA, RITCHIE, SAVINO  --  read  twice  and  ordered
          printed,  and  when  printed  to  be  committed  to  the  Committee on
          Commerce, Economic Development and Small Business  --  recommitted  to
          the  Committee on Commerce, Economic Development and Small Business in
          accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee
 
        AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
          providing  distillers  with  the  same privileges currently enjoyed by
          other New York manufacturers
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 61 of the alcoholic beverage control law is amended
     2  by adding a new subdivision 9 to read as follows:
     3    9.  (a)  The  holder of a license issued under subdivision one, one-a,
     4  two, two-a or two-b of this  section  may,  at  the  licensed  premises,
     5  conduct  tastings  of,  and sell at retail for consumption on or off the
     6  licensed premises, any liquor manufactured by the licensee  or  any  New
     7  York  state  labeled  liquor.  Provided,  however, that for tastings and
     8  sales for on-premises consumption, the  licensee  shall  regularly  keep
     9  food  available for sale or service to its retail customers for consump-
    10  tion on the premises. A licensee providing the following shall be deemed
    11  in compliance with this subdivision: (i) sandwiches, soups or other such
    12  foods, whether fresh, processed, pre-cooked or frozen; and/or (ii)  food
    13  items  intended  to complement the tasting of alcoholic beverages, which
    14  shall mean a diversified selection of food that is  ordinarily  consumed
    15  without  the  use  of  tableware  and can be conveniently consumed while
    16  standing or walking, including but  not  limited  to:  cheeses,  fruits,
    17  vegetables,  chocolates,  breads,  mustards  and  crackers.  All  of the
    18  provisions of this chapter relative to licenses to sell liquor at retail
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10366-03-2
        S. 5438--A                          2
 
     1  for consumption on and off the premises shall apply so far as applicable
     2  to such licensee.
     3    (b)(i)  Sales for off-premises consumption may be made only to custom-
     4  ers who are physically present upon the licensed premises and such  sale
     5  shall  be  concluded  by  the customer's taking, with him or her, of the
     6  sealed containers purchased by the customer at  the  time  the  customer
     7  leaves the licensed premises.
     8    (ii)  Sales  for  off-premises consumption shall not be made where the
     9  order is placed by letter,  telephone,  fax  or  e-mail,  or  where  the
    10  customer  otherwise does not place the order while the customer is phys-
    11  ically present upon the premises of the licensed premises.
    12    (iii) Sales for off-premises consumption shall not be made  where  the
    13  contemplated  sale  requires the licensee to transport or ship by common
    14  carrier, sealed containers of liquor to a customer.
    15    § 2.  Paragraphs (a) and (b) of subdivision 5 of section 101-b of  the
    16  alcoholic beverage control law, as amended by chapter 522 of the laws of
    17  2003, are amended to read as follows:
    18    (a) (i) Notwithstanding any other provision of law, each such schedule
    19  required  by paragraph (a) of subdivision three of this section which is
    20  filed by a micro-winery, winery, or farm winery, or a class A,  A-1,  B,
    21  B-1,  C, or D distiller shall be filed annually on or before the twenty-
    22  fifth day of November. The prices and discounts set forth therein  shall
    23  become  effective  on  the  first  day of the second succeeding calendar
    24  month and shall remain in effect for  such  twelve  succeeding  calendar
    25  months,  unless  a  price change filing is made pursuant to subparagraph
    26  (ii) of this paragraph.
    27    (ii) A micro-winery, winery, or farm winery, or a  class  A,  A-1,  B,
    28  B-1,  C, or D distiller licensee may file a price schedule change at any
    29  time between the required  annual  filings.  Each  such  price  schedule
    30  change  shall  be  filed on or before the twenty-fifth day of each month
    31  for a change in prices to become effective  on  the  first  day  of  the
    32  second  succeeding  calendar  month and shall remain in effect until the
    33  effective date of the next filing.
    34    (b) (i) Notwithstanding any other provision of law, each such schedule
    35  required by paragraph (b) of subdivision three of this section which  is
    36  filed  by a micro-winery, winery, or farm winery licensee, or a class A,
    37  A-1, B, B-1, C, or D distiller shall be filed annually on or before  the
    38  fifth  day of December. The prices and discounts set forth therein shall
    39  become effective on the first day of the calendar  month  following  the
    40  filing  thereof,  and  shall remain in effect for such twelve succeeding
    41  calendar months, unless a  price  change  filing  is  made  pursuant  to
    42  subparagraph (ii) of this paragraph.
    43    (ii)  A  micro-winery,  winery,  or farm winery, or a class A, A-1, B,
    44  B-1, C, or D distiller licensee may file a price schedule change at  any
    45  time  between  the  required  annual  filings.  Each such price schedule
    46  change shall be filed on or before the fifth day of  each  month  for  a
    47  change  in  prices  to become effective on the first day of the calendar
    48  month following the filing thereof and shall remain in effect until  the
    49  effective date of the next filing.
    50    §  3.  This  act  shall take effect immediately, provided that for the
    51  purposes of subparagraph (i) of paragraph (a) and  subparagraph  (i)  of
    52  paragraph  (b) of subdivision 5 of section 101-b of the alcoholic bever-
    53  age control law, as amended by section two of this act, the price sched-
    54  ule filing effective at the time this act shall have become a law  shall
    55  be the licensee's annual filing for 2022.