Assembly Bill A9863

Signed By Governor
2011-2012 Legislative Session

Relates to the sale and production of liquor by farm distilleries

download bill text pdf

Sponsored By

Archive: Last Bill Status Via S6426 - Signed by Governor


  • 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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2011-A9863 (ACTIVE) - Details

See Senate Version of this Bill:
S6426
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §61, ABC L

2011-A9863 (ACTIVE) - Summary

Relates to the sale and production of liquor by farm distilleries.

2011-A9863 (ACTIVE) - Bill Text download pdf

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

                                  9863

                          I N  A S S E M B L Y

                             April 18, 2012
                               ___________

Introduced by M. of A. CAHILL -- read once and referred to the Committee
  on Economic Development

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:

  Section  1.  Paragraph b of subdivision 2-c of section 61 of the alco-
holic beverage control law, as amended by chapter 454  of  the  laws  of
2008, is amended to read as follows:
  (b)(i)  Retail sales by a licensed farm distillery may be made only to
customers who are physically present upon the licensed premises and such
sale shall be concluded by the customer's taking, with him  or  her,  of
the sealed containers purchased by the customer at the time the customer
leaves the licensed premises EXCEPT AS PROVIDED FOR IN SUBPARAGRAPH (IV)
OF THIS PARAGRAPH;
  (ii)  Such retail sales shall not be made where the order is placed by
letter, telephone, fax or e-mail, or where the customer  otherwise  does
not  place  the  order while the customer is physically present upon the
premises of the licensed premises EXCEPT AS PROVIDED FOR IN SUBPARAGRAPH
(IV) OF THIS PARAGRAPH;
  (iii) Such retail sales shall not be made where the contemplated  sale
requires  the  licensee  to  transport or ship by common carrier, sealed
containers of liquor to a customer[.];
  (IV) A LICENSED FARM DISTILLERY MAY APPLY TO THE LIQUOR AUTHORITY  FOR
A  PERMIT TO SELL LIQUOR IN A SEALED CONTAINER FOR OFF-PREMISES CONSUMP-
TION AT THE STATE FAIR, AT  RECOGNIZED  COUNTY  FAIRS  AND  AT  FARMERS'
MARKETS OPERATED ON A NOT-FOR-PROFIT BASIS. AS A CONDITION OF THE PERMIT
A  REPRESENTATIVE  FROM  THE  DISTILLERY  MUST BE PRESENT AT THE TIME OF
SALE.
  S 2. The opening paragraph  of  paragraph  c  of  subdivision  2-c  of
section  61 of the alcoholic beverage control law, as amended by chapter
454 of the laws of 2008, is amended to read as follows:
  A licensed farm distillery may conduct upon the licensed premises,  OR
AT  APPROVED  LOCATIONS AS PERMITTED IN SUBDIVISION SIX OF THIS SECTION,

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

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