Relates to expanding the privileges of farm breweries, cideries, wineries and distilleries to allow for the sales of "farm brewed" alcoholic beverages for off-premises consumption.
STATE OF NEW YORK
________________________________________________________________________
5853--A
Cal. No. 433
2017-2018 Regular Sessions
IN SENATE
May 3, 2017
___________
Introduced by Sen. RITCHIE -- read twice and ordered printed, and when
printed to be committed to the Committee on Investigations and Govern-
ment Operations -- recommitted to the Committee on Investigations and
Government Operations in accordance with Senate Rule 6, sec. 8 --
reported favorably from said committee, ordered to first and second
report, ordered to a third reading, amended and ordered reprinted,
retaining its place in the order of third reading
AN ACT to amend the alcoholic beverage control law, in relation to more
closely align the privileges of farm distilleries with other privi-
leges enjoyed by farmers
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 25 of section 3 of the alcoholic beverage
2 control law is amended to read as follows:
3 25. "Retail sale" or "sale at retail" means a sale to a consumer or to
4 any person for any purpose other than for resale. Such sale may occur
5 during a tasting or during any other activities where permitted by law.
6 § 2. Subparagraphs (v) and (vii) of paragraph (a) of subdivision 2-c
7 of section 61 of the alcoholic beverage control law, as amended by chap-
8 ter 103 of the laws of 2017, are amended to read as follows:
9 (v) To conduct tastings of and sell at retail for consumption on or
10 off the premises New York state labelled beer manufactured by [a
11 licensed brewer] either a brewer licensed in New York state or [licensed
12 farm brewery] a farm brewery licensed in New York state;
13 (vii) To conduct tastings of and sell at retail for consumption on or
14 off the premises New York state labelled wine manufactured by either a
15 licensed winery licensed in New York state or a licensed farm winery
16 licensed in New York state.
17 § 3. Paragraph (e) of subdivision 2-c of section 61 of the alcoholic
18 beverage control law, as amended by chapter 431 of the laws of 2014, is
19 amended to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11320-03-8
S. 5853--A 2
1 (e) Notwithstanding any other provision of law to the contrary, the
2 holder of a farm distillery license may (i) sell at retail for consump-
3 tion on the licensed premises[,]: any liquor manufactured by the licen-
4 see or any New York state labeled liquor, or any alcoholic beverage for
5 consumption on the licensed premises pursuant to this subdivision.
6 Provided, however, the licensee shall regularly keep food available for
7 sale or service to its retail customers for consumption on the premises.
8 A licensee providing the following shall be deemed in compliance with
9 this provision: sandwiches, soups or other such foods, whether fresh,
10 processed, pre-cooked or frozen; and/or food items intended to [compli-
11 ment] complement the tasting of alcoholic beverages, which shall mean a
12 diversified selection of food that is ordinarily consumed without the
13 use of tableware and can be conveniently consumed while standing or
14 walking, including but not limited to: cheese, fruits, vegetables, choc-
15 olates, breads, mustards and crackers. All of the provisions of this
16 chapter relative to licenses to sell liquor at retail for consumption on
17 the premises shall apply so far as applicable to such licensee; and
18 (ii) operate a restaurant, hotel, catering establishment, or other
19 food and drinking establishment in or adjacent to the licensed premises
20 and sell at such place, in addition to any food items or other purchased
21 items, at retail for consumption on the premises, only liquor manufac-
22 tured by the licensee and any New York state labeled liquor. All of the
23 provisions of this chapter relative to licenses to sell liquor at retail
24 for consumption on [the] such premises shall apply so far as applicable
25 to such licensee. Notwithstanding any other provision of law, the licen-
26 see may apply to the authority for a license under this chapter to sell
27 other alcoholic beverages at retail for consumption on the premises at
28 such establishment. The privileges contained in this subdivision shall
29 not extend to the premises of a restaurant, hotel or catering establish-
30 ment.
31 § 4. Paragraphs (e) and (f) of subdivision 2 of section 76-a of the
32 alcoholic beverage control law, paragraph (e) as amended by chapter 328
33 of the laws of 2016 and paragraph (f) as amended by chapter 431 of the
34 laws of 2014, are amended to read as follows:
35 (e) sell at the licensed premises at retail for consumption on or off
36 the licensed premises: cider and wine manufactured by the licensee or
37 any other licensed farm winery[, and beer and spirits manufactured by
38 any licensed farm brewery or farm distillery, at retail for consumption
39 on or off the licensed premises]; New York state labeled cider manufac-
40 tured by any of the following so long as it is licensed in New York
41 state by a brewer, farm brewer, winery, cider producer, or a farm
42 cidery; New York state labeled beer manufactured by either a brewer
43 licensed in New York state or a farm brewery licensed in New York state;
44 and New York state labeled liquor manufactured by either a distillery
45 licensed in New York state or a farm distillery licensed in New York
46 state;
47 (f) operate a restaurant, hotel, catering establishment, or other food
48 and drinking establishment in or adjacent to the licensed premises and
49 sell at such place, in addition to any food items or other permitted
50 items, at retail for consumption on the premises, wine, cider and wine
51 products manufactured by the licensee and any New York state labeled
52 wine, New York state labeled cider or New York state labeled wine prod-
53 uct. All of the provisions of this chapter relative to licenses to sell
54 wine at retail for consumption on the premises shall apply so far as
55 applicable to such licensee. Notwithstanding any other provision of law,
56 the licensed winery may apply to the authority for a license under arti-
S. 5853--A 3
1 cle four of this chapter to sell other alcoholic beverages at retail for
2 consumption on the premises at such establishment. The privileges
3 contained in paragraphs (e), (f), (g) and (h) of subdivision six of this
4 section shall not extend to the premises of a restaurant, hotel or
5 catering establishment.
6 § 5. Paragraphs (e), (f), (g) and (h) of subdivision 6 of section 76-a
7 of the alcoholic beverage control law, paragraphs (e) and (f) as amended
8 by chapter 571 of the laws of 2008, paragraph (g) as added by chapter
9 108 of the laws of 2012 and paragraph (h) as amended by chapter 384 of
10 the laws of 2013, are amended to read as follows:
11 (e) Sell for consumption on or off the licensed premises New York
12 state labelled liquors manufactured by the holder of a class A-1, B-1,
13 or C distiller's license.
14 (f) Conduct tastings on the licensed premises of New York state
15 labelled liquors manufactured by the holder of a class A-1, B-1, or C
16 distiller's license or by a farm distillery licensed in New York state.
17 All liquor tastings conducted pursuant to this paragraph shall be
18 conducted in the same manner as tastings of brandy pursuant to section
19 seventy-six-e of this article.
20 (g) Conduct tastings of and sell at retail for consumption on or off
21 the licensed premises New York state labelled beer manufactured by
22 either a [licensed] brewer licensed in New York state or a farm brewery
23 licensed in New York state.
24 (h) Conduct tastings of and sell at retail for consumption on or off
25 the licensed premises New York state labelled cider manufactured by [a]
26 any of the following so long as it is licensed in New York state: a
27 brewer licensed in New York state, [licensed] a farm brewery licensed in
28 New York state, a winery, [licensed] farm winery, [licensed] cider
29 producer or [licensed] farm cidery.
30 § 6. Paragraphs (f), (h), (i) and (j) of subdivision 2 of section 58-c
31 of the alcoholic beverage control law, paragraph (f) as amended by chap-
32 ter 431 of the laws of 2014 and paragraphs (h), (i) and (j) as amended
33 by chapter 327 of the laws of 2016, are amended to read as follows:
34 (f) (i) if at the licensed premises, [conduct] the licensee conducts
35 tastings of, [and sell] or sells at retail for consumption on or off the
36 licensed premises, any cider manufactured by the licensee or any New
37 York state labeled cider, or any alcoholic beverage for consumption on
38 the licensed premises pursuant to paragraph (g), (h), (i), or (j) of
39 this subdivision the licensee shall regularly keep food available for
40 sale or service to its retail customers for consumption on the premises.
41 Provided, [however,] further that for tastings and sales for on-premises
42 consumption, the licensee shall regularly keep food available for sale
43 or service to its retail customers for consumption on the premises. A
44 licensee providing the following shall be deemed in compliance with this
45 provision: (A) sandwiches, soups or other such foods, whether fresh,
46 processed, pre-cooked or frozen; and/or (B) food items intended to
47 complement the tasting of alcoholic beverages, which shall mean a diver-
48 sified selection of food that is ordinarily consumed without the use of
49 tableware and can be conveniently consumed while standing or walking,
50 including but not limited to: cheeses, fruits, vegetables, chocolates,
51 breads, mustards and crackers. All of the provisions of this chapter
52 relative to licensees selling cider at retail shall apply; and
53 (ii) operate a restaurant, hotel, catering establishment, or other
54 food and drinking establishment in or adjacent to the licensed premises
55 and sell at such place, in addition to any food items or other permitted
56 items, at retail for consumption on the premises, only cider manufac-
S. 5853--A 4
1 tured by the licensee and any New York state labeled cider. All of the
2 provisions of this chapter relative to licensees to selling cider at
3 retail shall apply. Notwithstanding any other provision of law, the
4 licensed farm cidery may apply to the authority for a license under this
5 chapter to sell other alcoholic beverages at retail for consumption on
6 the premises at such establishment, but the privileges contained in
7 paragraph (g), (h), (i), or (j) of this subdivision shall not extend to
8 the premises of the restaurant, hotel, or catering establishment;
9 (h) conduct tastings of and sell at retail for consumption on or off
10 the premises New York state labeled beer manufactured by [a licensed]
11 either a brewery licensed in New York state or [licensed] a farm brewery
12 licensed in New York state;
13 (i) conduct tastings of and sell at retail for consumption on or off
14 the licensed premises New York state labelled wine manufactured by
15 either a [licensed] winery licensed in New York state or [licensed] a
16 farm winery licensed in New York state;
17 (j) conduct tastings of and sell at retail for consumption on or off
18 the premises New York state labelled liquor manufactured by [a licensed]
19 either a distiller licensed in New York state or [licensed] a farm
20 distiller licensed in New York state; provided, however, that no consum-
21 er may be provided, directly or indirectly: (i) with more than three
22 samples of liquor for tasting in one calendar day; or (ii) with a sample
23 of liquor for tasting equal to more than one-quarter fluid ounce; and
24 § 7. Paragraphs (e), (f), (g), (h), (i), (j), (k) and (l) of subdivi-
25 sion 2 of section 51-a of the alcoholic beverage control law, paragraph
26 (e) as amended by chapter 328 of the laws of 2016, paragraphs (f), (h),
27 (i), (k) and (l) as added by chapter 108 of the laws of 2012, paragraph
28 (g) as amended by chapter 431 of the laws of 2014 and paragraph (j) as
29 added and paragraphs (k) and (l) as relettered by chapter 384 of the
30 laws of 2013, are amended to read as follows:
31 (e) [sell at the licensed premises beer and cider manufactured by the
32 licensee or any other licensed farm brewery, and wine and spirits manu-
33 factured by any licensed farm winery or farm distillery, at retail for
34 consumption on or off the licensed premises] (i) sell at retail for
35 consumption on or off the licensed premises beer manufactured by the
36 licensee, or New York state labelled beer manufactured by either a brew-
37 er licensed in New York state or a farm brewery licensed in New York
38 state;
39 (ii) to conduct tastings of, and sell at retail for consumption on or
40 off the licensed premises cider manufactured by the licensee, or New
41 York state labelled cider manufactured by either a cidery licensed in
42 New York state or a farm cidery licensed in New York state;
43 (iii) to conduct tastings of, and sell at retail for consumption on or
44 off the licensed premises New York state labelled wine manufactured by
45 either a winery licensed in New York state or a farm winery licensed in
46 New York state; and
47 (iv) to conduct tastings of, and sell at retail for consumption on or
48 off the licensed premises New York state labelled spirits manufactured
49 by either a distillery licensed in New York state or a farm distillery
50 licensed in New York state; provided, however, that no consumer may be
51 provided, directly or indirectly: (A) with more than three samples of
52 liquor for tasting in one calendar day; or (B) with a sample of liquor
53 for tasting equal to more than one-quarter fluid ounce;
54 (f) [conduct tastings at the licensed premises of beer and cider manu-
55 factured by the licensee or any other licensed farm brewery;
S. 5853--A 5
1 (g) operate a restaurant, hotel, catering establishment, or other food
2 and drinking establishment in or adjacent to the licensed premises and
3 sell at such place, at retail for consumption on the premises, beer and
4 cider manufactured by the licensee and any New York state labeled beer
5 or New York state labeled cider. All of the provisions of this chapter
6 relative to licenses to sell beer at retail for consumption on and off
7 the premises shall apply so far as applicable to such licensee.
8 Notwithstanding any other provision of law, the licensed farm brewery
9 may apply to the authority for a license under this chapter to sell
10 other alcoholic beverages at retail for consumption on the premises at
11 such establishment] at the licensed premises, conduct tastings of any
12 beer manufactured by the licensee or any New York state labeled beer, or
13 any alcoholic beverage for consumption licensed pursuant to paragraph
14 (e) of this subdivision. Provided however, the licensee shall regularly
15 keep food available for sale or service to its retail customers for
16 consumption on the premises. Provided, however, for tastings and sales
17 for on-premises consumption, the licensee shall regularly keep food
18 available for sale or service to its retail customers for consumption on
19 the premises. A licensee providing the following shall be deemed in
20 compliance with this provision: (i) sandwiches, soups, or other such
21 foods, whether fresh, processed, pre-cooked or frozen; and/or (ii) food
22 items to complement the tasting of alcoholic beverages, which shall mean
23 a diversified selection of food that is ordinarily consumed without the
24 use of tableware and can be conveniently consumed while standing or
25 walking, including but not limited to: cheeses, fruits, vegetables,
26 chocolates, breads, mustards and crackers. All of the provisions of this
27 chapter relative to licensees selling cider at retail shall apply; and
28 (iii) operate a restaurant, hotel, catering establishment, or other food
29 and drinking establishment in or adjacent to the licensed premises and
30 sell at such place, in addition to any food items or other permitted
31 items, at retail for consumption on the premises, only cider manufac-
32 tured by the licensee and any New York state labeled cider. All of the
33 provisions of this chapter relative to licensees to selling cider at
34 retail shall apply. Notwithstanding any other provision of law, the
35 licensed farm brewery may apply to the authority for a license under
36 this chapter to sell other alcoholic beverages at retail for consumption
37 on the premises at such establishment, but the privileges contained in
38 paragraph (e) of this subdivision shall not extend to the premises of
39 the restaurant, hotel, or catering establishment;
40 [(h)] (g) sell beer and cider manufactured by the licensee or any
41 other [licensed] farm brewery licensed in New York state at retail for
42 consumption off the premises, at the state fair, at recognized county
43 fairs and at farmers markets operated on a not-for-profit basis; and
44 [(i) conduct tastings of and sell at retail for consumption off the
45 premises New York state labelled wine manufactured by a licensed winery
46 or licensed farm winery;
47 (j) conduct tastings of and sell at retail for consumption off the
48 premises New York state labelled cider manufactured by a licensed cider
49 producer or licensed farm cidery;
50 (k) conduct tastings of and sell at retail for consumption off the
51 premises New York state labelled liquor manufactured by a licensed
52 distiller or licensed farm distiller; provided, however, that no consum-
53 er may be provided, directly or indirectly: (i) with more than three
54 samples of liquor for tasting in one calendar day; or (ii) with a sample
55 of liquor for tasting equal to more than one-quarter fluid ounce; and
S. 5853--A 6
1 (l)] (h) engage in any other business on the licensed premises subject
2 to such rules and regulations as the authority may prescribe. Such rules
3 and regulations shall determine which businesses will be compatible with
4 the policy and purposes of this chapter and shall consider the effect of
5 particular businesses on the community and area in the vicinity of the
6 farm brewery licensee.
7 § 8. This act shall take effect on the ninetieth day after it shall
8 have become a law; provided, however, that effective immediately, the
9 addition, amendment and/or repeal of any rule or regulation necessary
10 for the implementation of this act on its effective date are authorized
11 and directed to be made and completed on or before such effective date.