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S07216 Summary:

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S07216 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7216
 
                    IN SENATE
 
                                       May 2, 2012
                                       ___________
 
        Introduced  by Sen. GRISANTI -- 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 beer
          and brewpubs
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 

     1    Section  1.  Subdivisions 5, 8 and 10 of section 64-c of the alcoholic
     2  beverage control law, as added by chapter 538 of the laws of  1997,  are
     3  amended to read as follows:
     4    5.  Such restaurant-brewer license shall in form and in substance be a
     5  license to the person specifically licensed to operate a restaurant  and
     6  sell  liquor  at  retail  to  be  consumed  on the premises specifically
     7  licensed. Such license shall also be deemed to include a license to:
     8    (a) sell wine and beer at retail to be consumed under the  same  terms
     9  and conditions, without the payment of any additional fee; and
    10    (b)  sell beer brewed on the premises to other retail licensees, where
    11  such license is held by the same person  holding  the  restaurant-brewer
    12  license,  or  to  commonly  owned affiliate licenses, provided that such

    13  beer is sold through a New York state licensed beer wholesaler.
    14    8. [Not more than five thousand barrels of beer per year may be brewed
    15  on any premises licensed under this section nor may any person who holds
    16  multiple licenses] A person holding one  or  more  licenses  under  this
    17  section may brew, in the aggregate, no more than twenty thousand barrels
    18  of beer per year.
    19    10.  [Except  as  provided in subdivisions seven, eight, nine, twelve,
    20  thirteen, fourteen and sixteen of this section, no person licensed under
    21  this section may be interested directly or indirectly in any other prem-
    22  ises in this state where alcoholic beverages are manufactured  or  sold.
    23  Any person who has an interest in premises eligible for conversion under

    24  subdivision  nine  of this section shall not be issued any license under
    25  this section unless and until a conversion application  has  been  filed
    26  with  and  approved  by the authority.] (a) For purposes of sections one
    27  hundred one and one hundred six of this chapter, a person licensed under
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15528-01-2
        S. 7216                             2
 
     1  this section shall be deemed a "retailer" as that term is defined within
     2  section three of this chapter.   Notwithstanding any provision  of  this

     3  chapter  to  the contrary, a person licensed under this section may also
     4  be  licensed (or interested directly or indirectly in a license) to sell
     5  liquor at retail to be consumed on or off  the  premises  under  section
     6  fifty-four,  fifty-four-a,  fifty-five,  fifty-five-a,  seventy-nine  or
     7  eighty-one of this chapter or sections sixty-four, sixty-four-a,  sixty-
     8  four-b and sixty-four-d of this article.
     9    (b) No manufacturer or wholesaler of alcoholic beverages may be grant-
    10  ed  a  license  to operate a restaurant-brewer pursuant to this section.
    11  Any person who has an interest in premises eligible for conversion under
    12  subdivision nine of this section shall not be issued any  license  under

    13  this  section  unless  and until a conversion application has been filed
    14  with and approved by the authority.
    15    § 2. This act shall take effect immediately.