senate Bill S1652

Amended

Relates to permits for brewers, manufacturers, and importers to serve small samples of their beer or malt beverages

download pdf

Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 11 / Jan / 2011
    • REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
  • 04 / Jan / 2012
    • REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
  • 27 / Feb / 2012
    • AMEND (T) AND RECOMMIT TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
  • 27 / Feb / 2012
    • PRINT NUMBER 1652A

Summary

Relates to permits for brewers, manufacturers, and importers to serve small samples of their beer or malt beverages at certain events; includes fees and definition of small sample; such permit shall include the privilege to sell such beverages for consumption off-premises.

do you support this bill?

Bill Details

Versions:
S1652
S1652A
Legislative Cycle:
2011-2012
Current Committee:
Senate Commerce, Economic Development And Small Business
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §51, ABC L
Versions Introduced in 2009-2010 Legislative Cycle:
S8183

Sponsor Memo

BILL NUMBER:S1652

TITLE OF BILL:
An act
to amend the alcoholic beverage control law, in relation to permits for
licensed brewers

PURPOSE OF THE BILL:
This bill amend § 51 of the Alcoholic Beverage Control Law by adding a
new subdivision 9 to allow a licensed brewer to obtain a Beer
Festival permit from the State Liquor Authority and allow
participating brewers and their brewery personnel to dispense and
serve their products to persons of legal age.

SUMMARY OF SPECIFIC PROVISIONS:
This bill allows a licensed brewer to obtain a permit to hold a Beer
Festival and to invite brewers to offer small samples of their malt
beverage products. Samples per brand shall not exceed 3 ounces per
serving. The permit holder shall receive for distribution all
products that shall be properly invoiced and inventoried and return
any unused product to the distributor for credit. Each participating
brewer or the brewer's representative shall be allowed to dispense
and serve their products.
The brewers participating may sell sealed containers for off-premises
consumption. Food products may be available for sale and proper
security must be provided at each Beer Festival to determine lawful
proof of age and to remove any patron that appears intoxicated or is
out of order.

JUSTIFICATION:
The state presently licenses seventy-three craft brewing facilities
this bill provides small brewers an inexpensive opportunity to
advertise, dispense and serve their products and to interact directly
with target patrons who may not be able to sample craft beers as they
are not readily available in most licensed food stores, bars or
restaurants.
The craft brewing industry is a growing industry in New York and has
vitalized the economy and added to the workforce in many urban areas
of our state. The New York State Law Revision Commission recommended
in their final report that "the law should be amended to clarify that
brewers participating in beer festivals can supervise the tasting of
their beer and take back left over products and that licensed brewers
or their employees should be allowed to dispense and serve the
brewer's product at beer festivals."

PRIOR LEGISLATIVE HISTORY:
2010 - S.8183/A.11393

FISCAL IMPLICATIONS:
This bill generates a modest new sum annually. The permit fee is $20
per function.

EFFECTIVE DATE:
This act shall take effect immediately.


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

                                  1652

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 11, 2011
                               ___________

Introduced  by  Sen.  DILAN  -- 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
  permits for licensed brewers

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

  Section 1. Section 51 of the alcoholic beverage control law is amended
by adding a new subdivision 9 to read as follows:
  9. (A) A LICENSED BREWER MAY OBTAIN A PERMIT TO SERVE SMALL SAMPLES OF
BEER  OR  MALT  BEVERAGES  IT  PRODUCES AT OUTDOOR OR INDOOR GATHERINGS,
FUNCTIONS, OCCASIONS OR EVENTS.
  (B) THE FEE FOR SUCH PERMIT SHALL  BE  TWENTY  DOLLARS  AND  SHALL  BE
ISSUED BY THE AUTHORITY AND DATED FOR ITS PERIOD OF USE, WHICH SHALL NOT
EXCEED THREE DAYS.
  (C)  TASTINGS  AT  SUCH OUTDOOR OR INDOOR GATHERINGS, FUNCTIONS, OCCA-
SIONS OR EVENTS SHALL BE CONDUCTED ONLY WITHIN THE  HOURS  FIXED  BY  OR
PURSUANT TO SUBDIVISION FIVE OF SECTION ONE HUNDRED SIX OF THIS CHAPTER,
DURING  WHICH  ALCOHOLIC  BEVERAGES  MAY BE LAWFULLY SOLD OR SERVED UPON
PREMISES LICENSED TO SELL ALCOHOLIC BEVERAGES AT RETAIL FOR  CONSUMPTION
IN  THE  COMMUNITY IN WHICH THE PREMISES IN WHICH SUCH OUTDOOR OR INDOOR
GATHERING, FUNCTION, OCCASION OR EVENT IS HELD.
  (D) EACH SERVING AT TASTINGS SHALL BE SERVED ONLY BY THE BREWER OR ITS
EMPLOYEE AND SHALL BE LIMITED TO THREE OUNCES OR LESS OF A BRAND OF BEER
OR MALT BEVERAGE PRODUCED BY THE BREWER AND NO  CONSUMER  OF  LEGAL  AGE
SHALL BE PROVIDED OR GIVEN MORE THAN TWO SERVINGS OF SUCH BRANDS OFFERED
FOR TASTING.
  (E) THE BREWER SHALL BE RESPONSIBLE FOR ENSURING THAT SUCH SAMPLES ARE
ONLY  SERVED TO INDIVIDUALS LEGALLY ELIGIBLE TO CONSUME ALCOHOLIC BEVER-
AGES IN THIS STATE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06313-01-1

S. 1652                             2

  (F) THE AUTHORITY MAY ISSUE PERMITS TO MORE THAN ONE  LICENSED  BREWER
FOR THE SAME OUTDOOR OR INDOOR GATHERING, FUNCTION, OCCASION OR EVENT.
  (G)  SUCH  PERMIT  SHALL  INCLUDE  THE  PRIVILEGE TO SELL BEER OR MALT
BEVERAGES PRODUCED BY THE BREWER AT SUCH OUTDOOR  OR  INDOOR  GATHERING,
FUNCTION,  OCCASION  OR  EVENT,  IN  SEALED  CONTAINERS FOR OFF-PREMISES
CONSUMPTION.
  (H) ANY LIABILITY STEMMING FROM A RIGHT OF ACTION RESULTING  FROM  THE
SAMPLING  OR  SALE OF BEER OR OTHER MALT BEVERAGES AS AUTHORIZED BY THIS
SUBDIVISION, AND IN ACCORDANCE WITH THE PROVISIONS  OF  SECTIONS  11-100
AND 11-101 OF THE GENERAL OBLIGATIONS LAW, SHALL ACCRUE TO THE BREWER.
  (I)  THE AUTHORITY IS AUTHORIZED AND DIRECTED TO PROVIDE SUCH FORMS TO
A BREWER TO OBTAIN SUCH PERMIT, AND  PROMULGATE  SUCH  RULES  AND  REGU-
LATIONS,   AS  IT  DEEMS  NECESSARY  OR  APPROPRIATE  TO  IMPLEMENT  THE
PROVISIONS OF THIS SUBDIVISION TO PROTECT THE HEALTH, SAFETY AND WELFARE
OF THE PEOPLE OF THIS STATE.
  S 2. This act shall take effect immediately.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.