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S07085 Summary:

S07085 Actions:

S07085 Committee Votes:

S07085 Floor Votes:

S07085 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7085
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                      May 17, 2023
                                       ___________
 
        Introduced  by  Sen.  WEBB  --  read twice and ordered printed, and when
          printed to be committed to the Committee on Investigations and Govern-
          ment Operations
 
        AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
          authorizing  the manufacture of beer, spirits, cider, wine and mead at
          the community college in Broome county and Cornell university,  acting
          on  behalf  of  the  New  York  state  college of agriculture and life
          sciences and the New York state agricultural experiment station
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Section  101  of  the  alcoholic  beverage control law is
     2  amended by adding a new subdivision 9 to read as follows:
     3    9. (a) Notwithstanding any other provision of law to the contrary, the
     4  state liquor authority shall issue a license under section seventy-six-a
     5  of this chapter to Cornell university on behalf of the  New  York  state
     6  college of agriculture and life sciences and the New York state agricul-
     7  tural  experiment  station  as  defined  in sections fifty-seven hundred
     8  twelve and fifty-seven hundred thirteen of the education  law.  Issuance
     9  of  such  a license shall not preclude or nullify other licenses granted
    10  to Cornell university,  whether  now  or  in  the  future,  in  all  its
    11  locations  in  New  York state in accordance with the provisions of this
    12  chapter.  Issuance of such a license shall not restrict the  ability  of
    13  Cornell  university,  or  the  New York state college of agriculture and
    14  life sciences and the New York state agricultural experiment station  to
    15  conduct  research,  teaching,  education,  extension  and  outreach, and
    16  economic development activities related to products that are  not  regu-
    17  lated by this chapter.
    18    (b) Cornell university, acting on behalf of the New York state college
    19  of  agriculture  and  life  sciences and the New York state agricultural
    20  experiment station may, but shall not  be  required  to,  produce  wine,
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11500-01-3
        S. 7085                             2
 
     1  beer,  distilled  spirits,  distillates, cider, mead and other fermented
     2  products as a condition of such license.
     3    (c)  No  person shall be disqualified from acting as a director, advi-
     4  sory council member, officer, or employee of, or  purveyor  to,  Cornell
     5  university  and  the  New  York  state  college  of agriculture and life
     6  sciences and the New  York  state  agricultural  experiment  station  by
     7  reason of such person holding a license under this subdivision, or being
     8  affiliated  with  a  licensee  under  this subdivision as a shareholder,
     9  partner, officer, director, or employee.
    10    (d) No person shall  be  disqualified  from  being  a  donor,  patron,
    11  contributor  or  sponsor from time to time of Cornell university and the
    12  New York state college of agriculture and life sciences and the New York
    13  state agricultural experiment station through contributions in  cash  or
    14  in  kind, by reason of such person holding a license under this subdivi-
    15  sion, or being affiliated with a licensee under this  subdivision  as  a
    16  shareholder, partner, officer, director, or employee.
    17    (e)  Notwithstanding  any  other  provision  of  law  to the contrary,
    18  Cornell university, acting through the New York state college  of  agri-
    19  culture and life sciences and the New York state agricultural experiment
    20  station is expressly authorized to:
    21    (i)  manufacture  New  York state produced wines, beers, ciders, mead,
    22  distilled spirits and other fermented products  for  educational,  work-
    23  force development and research purposes to include industrial product or
    24  non-consumable product research;
    25    (ii)  offer  organoleptic  tastings, on the premises, of such products
    26  only for the purposes of education, workforce development, and  research
    27  and  analysis.  No  fees may be imposed for such tastings, other than as
    28  part of the general cost of an educational course,  workshop,  or  other
    29  instructional event;
    30    (iii) provide educational courses, workforce development and experien-
    31  tial  learning  opportunities within the New York state college of agri-
    32  culture and life sciences and the New York state agricultural experiment
    33  station and allow separately licensed entities to utilize facilities and
    34  equipment located at such places  for  the  production  of  small-scale,
    35  pilot  batches  of  wine, distilled spirits, cider, mead, beer and other
    36  fermented products not for further retail sale and for research purposes
    37  only; and
    38    (iv) conduct product testing and technical analysis including, but not
    39  limited to, sensory analysis, of New York state and non-New  York  state
    40  manufactured  wine,  distilled  spirits,  cider,  mead,  beer, and other
    41  fermented products in accordance  with  an  internally  established  fee
    42  schedule.
    43    (f)  Notwithstanding  any  other  provision  of  law  to the contrary,
    44  Cornell university may: (i)  offer  educational  courses,  workshops  or
    45  other instructional events on wine, distilled spirits, cider, mead, beer
    46  and  other  fermented  products  through any of its colleges, schools or
    47  units, in accordance with internally established fee schedules and under
    48  appropriate licenses; and (ii) authorize the use of its  facilities  for
    49  conferences  and  events  from time to time, including by other entities
    50  and by the general public, in accordance with internally established fee
    51  schedules and may sell and serve, or authorize others to sell and serve,
    52  at such events wines, beers, ciders, meads, distilled spirits and  other
    53  fermented products under appropriate licenses.
    54    §  2.  Section 101 of the alcoholic beverage control law is amended by
    55  adding a new subdivision 10 to read as follows:
        S. 7085                             3
 
     1    10. (a) Notwithstanding any other provision of law  to  the  contrary,
     2  the  state liquor authority shall issue a license under section seventy-
     3  six-a of this chapter to the community college in Broome county,  estab-
     4  lished  pursuant to article one hundred twenty-six of the education law,
     5  in  the  city  of  Binghamton, and the Broome county culinary and events
     6  center on the premises described as follows:
     7    ALL THAT TRACT OR PARCEL OF LAND, situate in the city  of  Binghamton,
     8  County  of  Broome,  and  State  of  New  York,  being more particularly
     9  described as follows:
    10    Beginning at a point in the east side of Exchange Street at the south-
    11  west corner of the stone front building known as "Pope Block;" thence,
    12    1. Southerly, along the easterly line of Exchange Street, 107.41  feet
    13  (one  hundred and seven feet and five inches) to a point where the east-
    14  erly line of Exchange Street intersects the north line of Congdon Place;
    15  thence,
    16    2. Easterly, along the north line of Congdon Place, making a  measured
    17  interior  angle  of 93° 01' 02" with the east line of Exchange Street, a
    18  distance of 200.43 feet to a point, said point being  50  feet  westerly
    19  from the west line of Myrtle Avenue; thence,
    20    3.  Northerly, along a line parallel with the west line Myrtle Avenue,
    21  making an interior angle of 88° 59' 55" with the north line  of  Congdon
    22  Place, a distance of 65.00 feet to a point; thence,
    23    4.  Westerly,  along  a  line  parallel with the north line of Congdon
    24  Place, making an interior angle of 91° 00' 05" with the  last  described
    25  line, a distance of 71.95 feet to a point; thence,
    26    5.  Northerly,  along  a line making an interior angle of 271° 03' 58"
    27  with the last described line a  distance  of  44.08  feet  to  a  point;
    28  thence,
    29    6. Westerly, along a line making an interior angle of 88° 09' 38" with
    30  the  last  described  line,  a  distance  of 133.93 feet to the Point of
    31  Beginning, said line forming a measured interior angle of  87°  45'  22"
    32  with the east line of Exchange street.
    33    The above described parcel is shown on a map prepared by Passero Asso-
    34  ciates  entitled  "Boundary and Topographic Survey, Carnegie Library, 78
    35  Exchange Street", Project No. 201410120.0003, Drawing  No.  TS-1,  Dated
    36  April  20, 2016.   Together with and subject to 8 foot wide right-of-way
    37  for ingress and egress along the easterly side of  the  above  premises,
    38  which westerly 4 feet of said right-of-way is located on the above prem-
    39  ises  and easterly 4 feet is located on premises to the east, as recited
    40  in Liber 1992 of Deeds, page 243.
    41    SNDA (Master Lease) - SUNY Broome 28865746v4
    42    (b) The community college in Broome county and Broome county  culinary
    43  and events center may, but shall not be required to, produce wine, beer,
    44  distillates, cider and mead as a condition of such license.
    45    (c)  No  person shall be disqualified from acting as a director, advi-
    46  sory council member, officer, or employee of, or purveyor to, the commu-
    47  nity college in Broome county and  Broome  county  culinary  and  events
    48  center  by  reason  of such person holding a license under this subdivi-
    49  sion, or being affiliated with a licensee under this  subdivision  as  a
    50  shareholder, partner, officer, director, or employee.
    51    (d)  No  person  shall  be  disqualified  from  being a donor, patron,
    52  contributor or sponsor from time to time of  the  community  college  in
    53  Broome  county  and  Broome  county  culinary  and events center through
    54  contributions in cash or in kind, by reason of  such  person  holding  a
    55  license  under  this  subdivision,  or  being affiliated with a licensee
        S. 7085                             4

     1  under this subdivision as a shareholder, partner, officer, director,  or
     2  employee.
     3    (e)  Notwithstanding  any  other provision of law to the contrary, the
     4  community college in the Broome county and Broome  county  culinary  and
     5  events center is expressly authorized to:
     6    (i)  sell  New  York  state  produced  wines, beers, ciders, meads and
     7  distilled spirits for both on and off-premises consumption;
     8    (ii) manufacture New York state produced wines, beers,  ciders,  meads
     9  and   distilled  spirits  for  educational,  workforce  development  and
    10  research purposes to include industrial product or non-consumable  prod-
    11  uct innovation research;
    12    (iii)  offer  tastings, on the premises, of such products only for the
    13  purposes of education, workforce development, and research and analysis.
    14  For purposes of this subdivision, tastings may only be conducted on  the
    15  premises  of  the  community  college in Broome county and Broome county
    16  culinary and events center described in paragraph (a) of  this  subdivi-
    17  sion.  No  fees  may be imposed for such tastings, other than as part of
    18  the general cost of an educational course, workshop, or  other  instruc-
    19  tional event;
    20    (iv)  provide educational courses, workforce development and experien-
    21  tial learning opportunities within the community college in Broome coun-
    22  ty and Broome county culinary and events center; and
    23    (v) provide banquet  and  entertainment  facilities  for  the  general
    24  public  for  private parties in consideration of such fees as are estab-
    25  lished by the community college in Broome county and Broome county culi-
    26  nary and events center from time to time, and to sell and serve at  such
    27  events  wines,  ciders,  beers,  mead  and distilled spirits selected by
    28  persons hiring the facilities.
    29    § 3. Severability. If any clause,  sentence,  paragraph,  subdivision,
    30  section  or part of this act shall be adjudged by any court of competent
    31  jurisdiction to be invalid, such judgment shall not affect,  impair,  or
    32  invalidate the remainder thereof, but shall be confined in its operation
    33  to the clause, sentence, paragraph, subdivision, section or part thereof
    34  directly  involved  in the controversy in which such judgment shall have
    35  been rendered. It is hereby declared to be the intent of the legislature
    36  that this act would have been enacted even if  such  invalid  provisions
    37  had not been included herein.
    38    § 4. This act shall take effect immediately.