S06426 Summary:

BILL NOS06426
 
SAME ASSAME AS A09863
 
SPONSORBONACIC
 
COSPNSRGRIFFO, O'MARA, VALESKY
 
MLTSPNSR
 
Amd S61, ABC L
 
Relates to the sale and production of liquor by farm distilleries.
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S06426 Actions:

BILL NOS06426
 
02/08/2012REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
05/15/20121ST REPORT CAL.770
05/16/20122ND REPORT CAL.
05/21/2012ADVANCED TO THIRD READING
05/31/2012PASSED SENATE
05/31/2012DELIVERED TO ASSEMBLY
05/31/2012referred to economic development
06/18/2012substituted for a9863
06/18/2012ordered to third reading rules cal.314
06/18/2012passed assembly
06/18/2012returned to senate
09/21/2012DELIVERED TO GOVERNOR
10/03/2012SIGNED CHAP.484
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S06426 Floor Votes:

DATE:06/18/2012Assembly Vote  YEA/NAY: 139/1
AbbateYCerettoYGlickYLentolYMurrayYRyanY
AbinantiYClarkYGoldfederERLiftonYNolanYSaladinoY
AmedoreYColtonYGoodellYLinaresYOaksYSaywardY
ArroyoYConteERGottfriedYLope PDYO'DonnellYScarboroughY
AubryYCookYGrafYLope VJYOrtizYSchimelY
BarclayYCorwinYGuntherYLosquadroYPalmesanoYSchimmingerY
BarrettYCrespoYHannaYLupardoYPaulinYSimanowitzY
BarronYCrouchYHawleyYMageeYPeoples StokesYSimotasY
BenedettoYCurranYHeastieYMagnarelliYPerryYSkartadosY
BlankenbushYCusickYHevesiERMaiselYPretlowYSmardzY
BoylandERCymbrowitzYHikindYMalliotakisYQuartYStevensonY
BoyleYDenDekkerYHooperYMarkeyYRaYSweeneyY
BraunsteinYDinowitzNOJacobsYMayerYRabbittYTediscoY
BrennanYDupreyYJaffeeYMcDonoughYRaiaYTenneyY
BrindisiYEnglebrightYJeffriesERMcEnenyYRamosYThieleY
BronsonYEspinalYJohnsYMcKevittYReilichYTitoneY
Brook KrasnyYFarrellYJordanYMcLaughlinYReillyYTitusER
BurlingERFinchYKatzYMengERRive J YTobaccoY
ButlerYFitzpatrickYKavanaghYMill D YRive N YWalterY
CahillYFriendYKearnsYMill JMERRive PMYWeinsteinY
CalhounYGabryszakYKellnerYMill MGYRobertsYWeisenbergY
CamaraYGalefYKolbYMillmanYRobinsonYWeprinY
CanestrariYGanttYLancmanERMontesanoYRodriguezYWrightY
CastelliYGibsonYLatimerYMorelleYRosenthalYZebrowskiY
CastroYGiglioYLavineYMoyaYRussellYMr SpkrY

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S06426 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6426
 
                    IN SENATE
 
                                    February 8, 2012
                                       ___________
 
        Introduced  by  Sen. BONACIC -- read twice and ordered printed, and when
          printed to be committed to the Committee on Commerce, Economic  Devel-
          opment and Small Business
 
        AN  ACT  to amend the alcoholic beverage control law, in relation to the
          sale and production of liquor by farm distilleries
 
          The People of the State of New York, represented in Senate and  Assem-

        bly, do enact as follows:
 
     1    Section  1.  Paragraph b of subdivision 2-c of section 61 of the alco-
     2  holic beverage control law, as amended by chapter 454  of  the  laws  of
     3  2008, is amended to read as follows:
     4    (b)(i)  Retail sales by a licensed farm distillery may be made only to
     5  customers who are physically present upon the licensed premises and such
     6  sale shall be concluded by the customer's taking, with him  or  her,  of
     7  the sealed containers purchased by the customer at the time the customer
     8  leaves the licensed premises except as provided for in subparagraph (iv)
     9  of this paragraph;
    10    (ii)  Such retail sales shall not be made where the order is placed by
    11  letter, telephone, fax or e-mail, or where the customer  otherwise  does
    12  not  place  the  order while the customer is physically present upon the

    13  premises of the licensed premises except as provided for in subparagraph
    14  (iv) of this paragraph;
    15    (iii) Such retail sales shall not be made where the contemplated  sale
    16  requires  the  licensee  to  transport or ship by common carrier, sealed
    17  containers of liquor to a customer[.];
    18    (iv) A licensed farm distillery may apply to the liquor authority  for
    19  a  permit to sell liquor in a sealed container for off-premises consump-
    20  tion at the state fair, at  recognized  county  fairs  and  at  farmers'
    21  markets operated on a not-for-profit basis. As a condition of the permit
    22  a  representative  from  the  distillery  must be present at the time of
    23  sale.
    24    § 2. The opening paragraph  of  paragraph  c  of  subdivision  2-c  of

    25  section  61 of the alcoholic beverage control law, as amended by chapter
    26  454 of the laws of 2008, is amended to read as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14327-03-2

        S. 6426                             2
 
     1    A licensed farm distillery may conduct upon the licensed premises,  or
     2  at  approved  locations as permitted in subdivision six of this section,
     3  consumer tastings of liquor manufactured by the  licensee  and  from  no
     4  more than three other class A, A-1, B, B-1, C or D distilleries, subject
     5  to the following limitations:
     6    §  3.  Section  61 of the alcoholic beverage control law is amended by

     7  adding a new subdivision 6 to read as follows:
     8    6. Any person having applied for and received  a  license  as  a  farm
     9  distillery  under  this  section may conduct consumer tastings of liquor
    10  pursuant to rules or regulations promulgated by  the  liquor  authority,
    11  and  subject  to the limitations set forth in paragraph c of subdivision
    12  two-c of this section at the state fair, at recognized county fairs  and
    13  at farmers' markets operated on a not-for-profit basis.
    14    § 4. This act shall take effect on the one hundred eightieth day after
    15  it shall have become a law, provided, however, that effective immediate-
    16  ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
    17  necessary for the implementation of this act on its  effective  date  is

    18  authorized to be made and completed on or before such date.
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