NY State Senate Bill 2009-S3246

Senate Bill S3246

2009-2010 Legislative Session

Permits persons with licenses to sell beer or wine products for consumption off premises to provide beer samples

download bill text pdf

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 16, 2010	referred to codes
Jun 15, 2010	delivered to assembly passed senate ordered to third reading cal.962
Jun 14, 2010	committee discharged and committed to rules
May 11, 2010	reported and committed to finance
May 03, 2010	notice of committee consideration - requested
Jan 27, 2010	committee discharged and committed to codes
Jan 19, 2010	reported and committed to finance
Jan 06, 2010	referred to commerce, economic development and small business
May 12, 2009	reported and committed to finance
Apr 21, 2009	reported and committed to codes
Mar 13, 2009	referred to commerce, economic development and small business

Votes

- Jun 15, 2010 - Floor Vote
  S3246
  
  58
  
  Aye
  
  3
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 15, 2010
      
      aye (58)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Flanagan
      
      Foley
      
      Golden
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      Lanza
      
      Larkin
      
      Leibell
      
      Libous
      
      Little
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      Winner
      
      Young
      
      nay (3)
      
      Fuschillo
      
      LaValle
      
      Marcellino
      
      excused (1)
      
      Morahan
  Jun 14, 2010 - Rules Committee Vote
  S3246
  
  18
  
  Aye
  
  0
  
  Nay
  
  5
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 14, 2010
      
      aye (18)
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Hannon
      
      Hassell-Thompson
      
      Klein
      
      Krueger
      
      Larkin
      
      Montgomery
      
      Parker
      
      Serrano
      
      Seward
      
      Smith
      
      Stachowski
      
      Stewart-Cousins
      
      Valesky
      
      Volker
      
      aye wr (5)
      
      Johnson
      
      LaValle
      
      Padavan
      
      Saland
      
      Skelos
  Jan 19, 2010 - Commerce, Economic Development And Small Business Committee Vote
  S3246
  
  11
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Commerce, Economic Development And Small Business Committee Vote: Jan 19, 2010
      
      aye (11)
      
      Alesi
      
      Aubertine
      
      Espada
      
      Foley
      
      Griffo
      
      Hassell-Thompson
      
      Parker
      
      Robach
      
      Stachowski
      
      Stewart-Cousins
      
      Volker
      
      aye wr (1)
      
      Fuschillo
  May 11, 2010 - Codes Committee Vote
  S3246
  
  15
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: May 11, 2010
      
      aye (15)
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Flanagan
      
      Golden
      
      Huntley
      
      Klein
      
      Lanza
      
      Parker
      
      Perkins
      
      Saland
      
      Sampson
      
      Schneiderman
      
      Squadron
      
      Volker
      
      aye wr (1)
      
      Duane

2009-S3246 (ACTIVE) - Details

See Assembly Version of this Bill:: A7151
Current Committee:: Assembly Codes
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §§54 & 54-a, ABC L
Versions Introduced in 2011-2012 Legislative Session:: S3109, A4622

2009-S3246 (ACTIVE) - Summary

Permits persons with licenses to sell beer or wine products for consumption off premises to provide beer samples in their licensed establishments.

2009-S3246 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3246

 TITLE OF BILL :

An act to amend the alcoholic beverage control law, in relation to
permitting licensees to provide beer samples


 PURPOSE :

Enactment of this legislation would permit persons with licenses to
sell beer or wine products for consumption off premises to provide
beer samples.

 SUMMARY OF PROVISIONS :

Section 1 amends section 54 of the alcoholic beverage control law by
adding a new subdivision 6 permitting a licensee or any employee of
such to serve samples of beer or malt beverages sold at the
establishment, mandating that such sample shall consist of no more
than four one ounce samples. The penalties for the violation(s) of
this provision are also spelled out: first offense is a fine of one
hundred dollars; a second offense is a fine of five hundred dollars
and a third offense would be the penal sum of the bond filed by the
licensee.

Section 2 amends section 54-a of the alcoholic beverage control law by
adding a new subdivision 4 permitting a licensee or any employee of
such to serve samples of beer or malt beverages sold at the
establishment, mandating that such sample shall consist of no more
than four one ounce samples. The penalties for the violation(s) of
this provision are also spelled out: first offense is a fine of one
hundred dollars; a second offense is a fine of five hundred dollars
and a third offense would be the penal sum of the bond filed by the
licensee.

 EXISTING LAW :

Under existing law, licensees or the employees of such businesses are
not permitted to offer samples of the products sold.

 JUSTIFICATION :

With the growing number of micro brewers and an increasing demand for
beer produced by small boutique brewers, customers have indicated a
willingness to go beyond the beer products offered by the country's
largest brewers and try the products produced by their local brewer.
These new beers often are only available as a draught product and sold
in one gallon or similar size bottles, so while customers are willing
to try something new, they may often balk at buying one gallon of a
beer they have no idea as to its taste.

Similarly, customers would have the opportunity to taste a sample of
any beer offered in a store should the proprietor be willing to offer
such samples. Customers would be limited to four, one ounce servings
during any visit.

By permitting a licensee (or an employee) of store to offer a sample
of the product customers, the brewers and the seller will all benefit.

 LEGISLATIVE HISTORY :

New bill - 2009.

 FISCAL IMPLICATIONS :

None to New York State.

 LOCAL FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately, but be subject to the
implementation of rules and regulations by the State Liquor Authority.

2009-S3246 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3246

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 13, 2009
                               ___________

Introduced  by  Sen.  STACHOWSKI  -- read twice and ordered printed, and
  when printed to be committed to the Committee  on  Commerce,  Economic
  Development and Small Business

AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
  permitting licensees to provide beer samples

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 54 of the alcoholic beverage control law is amended
by adding a new subdivision 6 to read as follows:
  6.  (A)  A LICENSEE OR HIS OR HER EMPLOYEE MAY SERVE AT THEIR LICENSED
ESTABLISHMENT SAMPLES OF BEER OR MALT BEVERAGES HE OR SHE SELLS AT  SUCH
ESTABLISHMENT.
  (B)  EACH  SAMPLE  SHALL  BE SERVED ONLY BY THE LICENSEE OR HIS OR HER
EMPLOYEE AND SHALL BE LIMITED TO ONE OUNCE OR LESS OF A BRAND OF BEER OR
MALT BEVERAGE SOLD BY THE LICENSEE AND NO CONSUMER OF LEGAL AGE SHALL BE
PROVIDED OR GIVEN MORE THAN FOUR SERVINGS OF SUCH  SAMPLES  IN  ANY  ONE
DAY.
  (C)  A PERSON VIOLATING THE PROVISIONS OF PARAGRAPH (B) OF THIS SUBDI-
VISION SHALL BE GUILTY OF A VIOLATION AND SHALL BE SENTENCED IN  ACCORD-
ANCE WITH THE FOLLOWING:
  (I)  FOR A FIRST VIOLATION, THE COURT SHALL ORDER PAYMENT OF A FINE OF
NOT MORE THAN ONE HUNDRED DOLLARS.
  (II) FOR A SECOND VIOLATION, THE COURT SHALL ORDER PAYMENT OF  A  FINE
OF NOT MORE THAN FIVE HUNDRED DOLLARS.
  (III)  FOR THIRD AND SUBSEQUENT VIOLATIONS, THE AUTHORITY MAY RECOVER,
AS PROVIDED IN SECTION ONE HUNDRED TWELVE OF THIS CHAPTER, THE PENAL SUM
OF THE BOND FILED BY THE LICENSEE.
  S 2. Section 54-a of the alcoholic beverage control law is amended  by
adding a new subdivision 4 to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10299-01-9

S. 3246                             2

  4.  (A)  A LICENSEE OR HIS OR HER EMPLOYEE MAY SERVE AT THEIR LICENSED
ESTABLISHMENT SAMPLES OF BEER OR MALT BEVERAGES HE OR SHE SELLS AT  SUCH
ESTABLISHMENT.
  (B)  EACH  SAMPLE  SHALL  BE SERVED ONLY BY THE LICENSEE OR HIS OR HER
EMPLOYEE AND SHALL BE LIMITED TO ONE OUNCE OR LESS OF A BRAND OF BEER OR
MALT BEVERAGE SOLD BY THE LICENSEE AND NO CONSUMER OF LEGAL AGE SHALL BE
PROVIDED OR GIVEN MORE THAN FOUR SERVINGS OF SUCH  SAMPLES  IN  ANY  ONE
DAY.
  (C)  A PERSON VIOLATING THE PROVISIONS OF PARAGRAPH (B) OF THIS SUBDI-
VISION SHALL BE GUILTY OF A VIOLATION AND SHALL BE SENTENCED IN  ACCORD-
ANCE WITH THE FOLLOWING:
  (I)  FOR A FIRST VIOLATION, THE COURT SHALL ORDER PAYMENT OF A FINE OF
NOT MORE THAN ONE HUNDRED DOLLARS.
  (II) FOR A SECOND VIOLATION, THE COURT SHALL ORDER PAYMENT OF  A  FINE
OF NOT MORE THAN FIVE HUNDRED DOLLARS.
  (III)  FOR THIRD AND SUBSEQUENT VIOLATIONS, THE AUTHORITY MAY RECOVER,
AS PROVIDED IN SECTION ONE HUNDRED TWELVE OF THIS CHAPTER, THE PENAL SUM
OF THE BOND FILED BY A LICENSEE.
  S 3. This act shall take effect  immediately.  Effective  immediately,
the  state  liquor  authority is authorized to promulgate such rules and
regulations as it  deems  necessary  or  appropriate  to  implement  the
provisions  of this act to protect the health, safety and welfare of the
people of this state.

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