senate Bill S4241A

Authorizes roadside farm markets to sell wine from up to two farm, special or micro-wineries located within 20 miles

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Bill Status


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

  • 24 / Mar / 2011
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 15 / Jun / 2011
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 15 / Jun / 2011
    • ORDERED TO THIRD READING CAL.1278
  • 15 / Jun / 2011
    • PASSED SENATE
  • 15 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 15 / Jun / 2011
    • REFERRED TO ECONOMIC DEVELOPMENT
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 09 / Jan / 2012
    • AMEND AND RECOMMIT TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 09 / Jan / 2012
    • PRINT NUMBER 4241A
  • 31 / Jan / 2012
    • 1ST REPORT CAL.149
  • 06 / Feb / 2012
    • 2ND REPORT CAL.
  • 07 / Feb / 2012
    • ADVANCED TO THIRD READING
  • 13 / Feb / 2012
    • PASSED SENATE
  • 13 / Feb / 2012
    • DELIVERED TO ASSEMBLY
  • 13 / Feb / 2012
    • REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS

Summary

Authorizes licensed roadside farm markets to sell wine from up to two farm or special wineries or micro-wineries located within 20 miles of such licensed roadside farm market.

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Bill Details

See Assembly Version of this Bill:
A9387
Versions:
S4241
S4241A
Legislative Cycle:
2011-2012
Current Committee:
Assembly Corporations, Authorities And Commissions
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §§3, 17, 75, 76-a, 76-c, 83 & 99-d, add §76-f, ABC L
Versions Introduced in 2009-2010 Legislative Cycle:
S704, S704

Sponsor Memo

BILL NUMBER:S4241A

TITLE OF BILL:
An act
to amend the alcoholic beverage control law, in relation to authorizing
the sale of wine produced by
farm or special wineries or micro-wineries at
licensed roadside farm markets

PURPOSE:
The purpose of this bill is to expand agricultural direct marketing
assistance and to authorize farm wineries to sell wine by the bottle
for off-premises consumption to farm roadside stands that are located
within 20 miles of the licensed farm winery, special winery or
micro-winery.

SUMMARY OF PROVISIONS:
Section 1: Amends Alcoholic Beverage Control Law section 3 to add a
definition for "roadside farm market".

Section 2: Amends Alcoholic Beverage Control Law section 17 to grant
the State Liquor Authority the statutory power to regulate roadside
farm markets that sell New York produced wines.

Section 3: Amends Alcoholic Beverage Control Law section 75 to create
a new license for roadside farm markets that sell New York labeled
wine.

Section 4: Amends Alcoholic Beverage Control Law section 76-a to
authorize farm wineries to sell wines to authorized roadside farm
markets.

Section 5: Amends Alcoholic Beverage Control Law section 76-c to
authorize special winery licensees to sell wine to authorized
roadside farm markets.

Section 6: Adds a new Alcoholic Beverage Control Law section 76-f to
authorize owners of buildings that contain a roadside farm stand to
obtain a license to sell New York labeled wine
from no more than 2 New York wineries for off-premises consumption.
Such roadside farm markets must be located within 20 miles of the
winery. The bill limits the hours in which New York state labeled
wines can be sold. It also gives the SLA the regulatory authority to
precisely define what constitutes a farm stand and mandates that no
wine tastings may be conducted at such farm stand.

Section 7: Amends Alcoholic Beverage Control Law section 83 to provide
that the annual fee to obtain a roadside farm retailers license shall
be $100.00.

Section 8: Amends Alcoholic Beverage Control Law section 99-d with
regard to obtaining approvals from the SLA for substantial
alterations to roadside farm markets.

JUSTIFICATION:


New York farm winery licensees produce a product that is derived from
New York grown or produced agricultural products. It only stands to
reason that, with proper regulatory supervision provided by the SLA,
that these agricultural products should be able to be easily provided
to and sold by a limited number designated roadside farm markets. The
bill limits the number of wineries that a farm stand can sell their
products to two wineries and requires that those farm stands must be
designated and recorded in the offices of the SLA. Several farm
wineries have suggested that they would offer their products only
during certain seasons of the year such as the Fall harvest season or
during the Holiday season when Christmas trees are sold by farm stands.
This bill will give farmers that own such farm stands another product
to sell and thereby help grower incomes in addition to helping to
sell New York produced wines. While this bill authorizes the sale of
wine by the bottle, it does not authorize such farm stands to conduct
wine tastings.

LEGISLATIVE HISTORY:
A similar bill, S.5865A of 2004, Passed the Senate
S.1397A of 2005/2006
S.704 of 2009/2010

FISCAL IMPLICATIONS:
This bill will help to increase the sale of New York produced wines
and thereby increase excise tax collections and increase employment
by New York wineries.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
180 days after it shall have become law.

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

                                 4241--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 24, 2011
                               ___________

Introduced by Sens. LARKIN, CARLUCCI, BONACIC, JOHNSON, MAZIARZ, O'MARA,
  RITCHIE, SEWARD -- read twice and ordered printed, and when printed to
  be  committed  to the Committee on Investigations and Government Oper-
  ations -- recommitted to the Committee on Investigations  and  Govern-
  ment  Operations in accordance with Senate Rule 6, sec. 8 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
  authorizing  the  sale of wine produced by farm or special wineries or
  micro-wineries at licensed roadside farm markets

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

  Section  1. Section 3 of the alcoholic beverage control law is amended
by adding a new subdivision 27-a to read as follows:
  27-A. "ROADSIDE FARM MARKET" MEANS ANY RETAILER AUTHORIZED TO SELL NEW
YORK STATE LABELLED WINE PURSUANT TO SECTION SEVENTY-SIX-F OF THIS CHAP-
TER.
  S 2. Subdivision 3 of section 17 of  the  alcoholic  beverage  control
law,  as  separately  amended  by  section 1 of part L of chapter 62 and
chapter 522 of the laws of 2003, is amended to read as follows:
  3. To revoke, cancel or suspend for cause any license or permit issued
under this chapter and/or to impose a civil penalty  for  cause  against
any  holder  of a license or permit issued pursuant to this chapter. Any
civil penalty so imposed shall  not  exceed  the  sum  of  ten  thousand
dollars  as  against  the holder of any retail permit issued pursuant to
sections ninety-five,  ninety-seven,  ninety-eight,  ninety-nine-d,  and
paragraph f of subdivision one of section ninety-nine-b of this chapter,
and  as  against  the  holder  of  any retail license issued pursuant to
sections fifty-two, fifty-three-a, fifty-four, fifty-four-a, fifty-five,
fifty-five-a,  sixty-three,  sixty-four,   sixty-four-a,   sixty-four-b,
sixty-four-c,  SEVENTY-SIX-F, seventy-nine, eighty-one, and eighty-one-a

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10199-02-1

S. 4241--A                          2

of this chapter, and the sum of thirty thousand dollars as  against  the
holder  of  a  license issued pursuant to sections fifty-three, seventy-
six, seventy-six-a[, seventy-six-f,] and seventy-eight of this  chapter,
provided  that  the  civil  penalty  against  the  holder of a wholesale
license issued pursuant to section fifty-three of this chapter shall not
exceed the sum of ten thousand  dollars  where  that  licensee  violates
provisions  of  this  chapter  during  the course of the sale of beer at
retail to a person for consumption at home, and the sum of  one  hundred
thousand dollars as against the holder of any license issued pursuant to
sections  fifty-one,  sixty-one and sixty-two of this chapter. Any civil
penalty so imposed shall be in addition to and separate and  apart  from
the  terms  and  provisions of the bond required pursuant to section one
hundred twelve of this chapter. Provided that no appeal  is  pending  on
the  imposition  of  such civil penalty, in the event such civil penalty
imposed by the division remains unpaid, in whole or in part,  more  than
forty-five  days after written demand for payment has been sent by first
class mail to the address of the licensed premises, a notice of  impend-
ing  default  judgment shall be sent by first class mail to the licensed
premises and by first class mail to the last known home address  of  the
person  who  signed  the  most recent license application. The notice of
impending default judgment shall advise the licensee: (a) that  a  civil
penalty  was  imposed  on  the  licensee;  (b)  the date the penalty was
imposed; (c) the amount of the civil penalty;  (d)  the  amount  of  the
civil  penalty that remains unpaid as of the date of the notice; (e) the
violations for which the civil penalty was imposed; and (f) that a judg-
ment by default will be entered in the supreme court of  the  county  in
which  the licensed premises are located, or other court of civil juris-
diction, or any other place provided for the entry  of  civil  judgments
within  the  state of New York unless the division receives full payment
of all civil penalties due within twenty days of the date of the  notice
of  impending  default  judgment.  If  full  payment shall not have been
received by the division within thirty days of mailing of the notice  of
impending  default  judgment,  the  division shall proceed to enter with
such court a statement of the default judgment containing the amount  of
the  penalty  or penalties remaining due and unpaid, along with proof of
mailing of the notice of impending default judgment. The filing of  such
judgment shall have the full force and effect of a default judgment duly
docketed  with  such  court pursuant to the civil practice law and rules
and shall in all respects  be  governed  by  that  chapter  and  may  be
enforced in the same manner and with the same effect as that provided by
law  in respect to execution issued against property upon judgments of a
court of record. A judgment entered pursuant to this  subdivision  shall
remain  in  full  force  and  effect for eight years notwithstanding any
other provision of law.
  S 3. Subdivision 4 of section 75 of  the  alcoholic  beverage  control
law, as amended by chapter 275 of the laws of 1976, is amended and a new
subdivision 5 is added to read as follows:
  4. License to sell wine at retail for consumption on the premises[.];
  5. ROADSIDE FARM MARKET LICENSE.
  S  4. Section 76-a of the alcoholic beverage control law is amended by
adding a new subdivision 10 to read as follows:
  10. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, A FARM WINERY
LICENSE SHALL AUTHORIZE THE HOLDER THEREOF TO SELL WINES MANUFACTURED OR
PRODUCED BY SUCH LICENSEE TO A ROADSIDE FARM MARKET PURSUANT TO  SECTION
SEVENTY-SIX-F OF THIS ARTICLE.

S. 4241--A                          3

  S  5. Section 76-c of the alcoholic beverage control law is amended by
adding a new subdivision 3 to read as follows:
  3.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF THIS CHAPTER, A SPECIAL
WINERY LICENSE SHALL AUTHORIZE THE HOLDER THEREOF TO SELL WINES MANUFAC-
TURED OR PRODUCED BY SUCH LICENSEE TO A ROADSIDE FARM MARKET PURSUANT TO
SECTION SEVENTY-SIX-F OF THIS ARTICLE.
  S 6. The alcoholic beverage control law is amended  by  adding  a  new
section 76-f to read as follows:
  S  76-F. ROADSIDE FARM MARKET LICENSE. 1. ANY PERSON OWNING OR OPERAT-
ING A ROADSIDE FARM MARKET MAY APPLY TO THE LIQUOR AUTHORITY FOR A ROAD-
SIDE FARM MARKET LICENSE TO SELL WINE PURSUANT  TO  THIS  SECTION.  SUCH
APPLICATION  SHALL  BE  IN  WRITING AND VERIFIED, AND SHALL CONTAIN SUCH
INFORMATION AS THE LIQUOR AUTHORITY SHALL REQUIRE AND SHALL BE  ACCOMPA-
NIED  BY  A  CHECK  OR DRAFT FOR THE AMOUNT REQUIRED BY THIS ARTICLE FOR
SUCH LICENSE. IF THE LIQUOR AUTHORITY SHALL GRANT  THE  APPLICATION,  IT
SHALL  ISSUE A LICENSE IN SUCH FORM AS SHALL BE DETERMINED BY ITS RULES,
AND THE LICENSE SHALL REMAIN IN EFFECT FOR ONE YEAR.
  2. FOR THE PURPOSES OF THIS SECTION, THE TERM "ROADSIDE  FARM  MARKET"
MEANS A BUILDING OR STRUCTURE LOCATED ON A FARM OPERATION, AS DEFINED IN
SUBDIVISION  ELEVEN  OF SECTION THREE HUNDRED ONE OF THE AGRICULTURE AND
MARKETS LAW, EXCEPT FOR A COMMERCIAL HORSE BOARDING OPERATION, IN  WHICH
NEW  YORK AGRICULTURAL PRODUCTS ARE PRIMARILY SOLD BY PRODUCERS, GROWERS
OR FARMERS OF SUCH AGRICULTURAL PRODUCTS TO THE GENERAL PUBLIC, AND  THE
TERM  "NEW YORK AGRICULTURAL PRODUCT" MEANS ANY AGRICULTURAL OR AQUACUL-
TURAL PRODUCT OF THE SOIL OR WATER THAT HAS  BEEN  GROWN,  HARVESTED  OR
PRODUCED  WITHIN THE STATE, INCLUDING BUT NOT LIMITED TO FRUITS, VEGETA-
BLES, EGGS, DAIRY PRODUCTS, MEAT AND MEAT PRODUCTS, POULTRY AND  POULTRY
PRODUCTS, FISH AND FISH PRODUCTS, GRAIN AND GRAIN PRODUCTS, HONEY, NUTS,
PRESERVES,  MAPLE  SAP PRODUCTS, APPLE CIDER, FRUIT JUICE, AND CHRISTMAS
TREES.
  3. A ROADSIDE FARM MARKET LICENSE SHALL AUTHORIZE THE  HOLDER  THEREOF
TO SELL WINE MANUFACTURED OR PRODUCED BY UP TO TWO DULY LICENSED FARM OR
SPECIAL  WINERIES OR MICRO-WINERIES THAT ARE LOCATED WITHIN TWENTY MILES
OF THE ROADSIDE FARM MARKET BY THE BOTTLE FOR OFF-PREMISES  CONSUMPTION;
PROVIDED  THAT  SUCH MARKET'S OWNER, OPERATOR OR REPRESENTATIVE SHALL BE
PRESENT AT ALL TIMES DURING WHICH WINE IS BEING OFFERED FOR  SALE.  SUCH
MARKET SHALL BE DEEMED TO POSSESS A WAREHOUSE PERMIT AND BE PERMITTED TO
WAREHOUSE  UP  TO  TWENTY CASES OF WINE; PROVIDED THAT SUCH MARKET SHALL
ABIDE BY ALL RULES AND REGULATIONS PROMULGATED PURSUANT TO SECTION NINE-
TY-SIX OF THIS CHAPTER AND ANY OTHER RULES AND  REGULATIONS  PROMULGATED
BY  THE  LIQUOR AUTHORITY TO IMPLEMENT THE PROVISIONS OF THIS SECTION TO
ENSURE THAT WINE STORED OR KEPT BY SUCH MARKET IS SEGREGATED AND KEPT IN
A SAFE AND SECURE LOCATION WHEN SUCH MARKET IS CLOSED FOR BUSINESS.
  4. THE SALE OF WINE PURSUANT TO THIS SECTION SHALL OCCUR  ONLY  WITHIN
THE  HOURS  FIXED  BY OR PURSUANT TO SUBDIVISION FOURTEEN OF SECTION ONE
HUNDRED FIVE OF THIS CHAPTER. NOTWITHSTANDING THE PROVISIONS OF  SECTION
EIGHTY  OF  THIS ARTICLE OR ANY OTHER PROVISION OF LAW, NO WINE TASTINGS
SHALL BE CONDUCTED AT  A  ROADSIDE  FARM  MARKET  THAT  SELLS  WINE  FOR
OFF-PREMISES CONSUMPTION PURSUANT TO THE PROVISIONS OF THIS SECTION.
  5.  THE LIQUOR AUTHORITY, IN CONSULTATION WITH THE DEPARTMENT OF AGRI-
CULTURE AND MARKETS, SHALL PROMULGATE ANY RULES AND  REGULATIONS  NECES-
SARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
  S  7.  Section  83 of the alcoholic beverage control law is amended by
adding a new subdivision 8 to read as follows:
  8. THE ANNUAL FEE FOR A ROADSIDE FARM  MARKET  LICENSE  SHALL  BE  ONE
HUNDRED DOLLARS.

S. 4241--A                          4

  S  8.  Subdivision 1 of section 99-d of the alcoholic beverage control
law, as amended by chapter 213 of the laws of 2010, is amended  to  read
as follows:
  1.  Before  any  substantial  alteration to a licensed premises may be
undertaken by or on the behalf of any  licensee  except  a  micro-winery
[or],  a  farm winery OR A ROADSIDE FARM MARKET, the licensee shall make
an application to the liquor authority for  permission  to  effect  such
alteration.  A  substantial  alteration shall include any enlargement or
contraction of a licensed premises  whether  indoors  or  outdoors;  any
physical  change that reduces the visibility that existed at the time of
licensing; any other physical changes in  the  interior  of  a  licensed
premises  that  materially affect the character of the premises; and, in
the case of establishments licensed for consumption on the premises, any
material changes to the dining or kitchen facilities, or any  change  in
the  size or location of any bar within the contemplation of subdivision
four of section one hundred of this chapter at which alcoholic beverages
are dispensed. A minor alteration shall be deemed to be one costing  and
valued  at  less  than  ten  thousand dollars, which does not materially
affect the character of the premises  or  the  physical  structure  that
existed  at  the time of licensing. Before commencing work on the alter-
ation, any licensee other than a micro-winery [or], a farm winery  OR  A
ROADSIDE  FARM  MARKET licensee, shall request permission to effect such
minor alteration and shall submit an affidavit to the  liquor  authority
by  filing  the  same  in  person  or  by  certified mail return receipt
requested or overnight delivery service with proof of mailing  on  forms
prescribed by the authority. A winery, micro-winery, [or] farm winery OR
ROADSIDE  FARM MARKET licensee is not required to obtain permission from
the authority to make a minor alteration to its premises. The  affidavit
shall include but not be limited to a description of the proposed alter-
ation,  the  cost  and  value of the alteration, and the source of money
making the alteration possible. Upon  receipt  of  such  affidavit,  the
authority  shall have twenty days in which to review the proposed alter-
ation and notify the licensee of any objection to the same by  certified
mail  return receipt requested. If no such objection is made within such
period permission shall  be  deemed  to  have  been  granted.  Work  may
commence  on  such alteration if no objection is received by the twenty-
fifth day after filing such affidavit. The cost of  an  alteration,  for
purposes  of  this subdivision, shall be equal to the total sum expended
to complete the proposed alteration excluding professional fees.
  S 9. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided that any and all  rules  and  regu-
lations  and  any other measures necessary to implement any provision of
this act on its effective date may be promulgated and taken, respective-
ly, on or before the effective date of such provision.

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