senate Bill S6426

Signed by Governor

Relates to the sale and production of liquor by farm distilleries

download pdf

Sponsor

Co-Sponsors

Bill Status


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

actions

  • 08 / Feb / 2012
    • REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
  • 15 / May / 2012
    • 1ST REPORT CAL.770
  • 16 / May / 2012
    • 2ND REPORT CAL.
  • 21 / May / 2012
    • ADVANCED TO THIRD READING
  • 31 / May / 2012
    • PASSED SENATE
  • 31 / May / 2012
    • DELIVERED TO ASSEMBLY
  • 31 / May / 2012
    • REFERRED TO ECONOMIC DEVELOPMENT
  • 18 / Jun / 2012
    • SUBSTITUTED FOR A9863
  • 18 / Jun / 2012
    • ORDERED TO THIRD READING RULES CAL.314
  • 18 / Jun / 2012
    • PASSED ASSEMBLY
  • 18 / Jun / 2012
    • RETURNED TO SENATE
  • 21 / Sep / 2012
    • DELIVERED TO GOVERNOR
  • 03 / Oct / 2012
    • SIGNED CHAP.484

Summary

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

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A9863
Versions:
S6426
Legislative Cycle:
2011-2012
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd ยง61, ABC L

Sponsor Memo

BILL NUMBER:S6426 REVISED 05/31/12

TITLE OF BILL:
An act
to amend the alcoholic beverage control law, in relation to the sale and
production of liquor by farm distilleries

PURPOSE OR GENERAL IDEA OF BILL:
To allow farm distilleries in New York State to provide samples of,
and sell, their products at the state fair, county fairs and farmers
markets.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Amends paragraph b of subdivision 2-c of section 61 of the
alcoholic beverage control law to provide that licensed farm
distilleries may apply to the State Liquor Authority for a permit to
sell their products at the state fair, recognized county fairs and at
farmers' markets operated on a not-for-profit basis.

Sections 2 & 3: Amend section 61 of the alcoholic beverage control law
to provide that licensed farm distilleries may conduct consumer
tastings of liquor at the state fair, recognized county fairs and at
farmer's markets operated on a not-for-profit basis pursuant to
rules or regulations promulgated by the liquor authority.

Section 4: Effective Date.

JUSTIFICATION:
Currently small brewers and farm vintners are allowed under state law
to sample and sell their wares at agricultural as well as
non-agricultural fairs and markets. However, farm distillers,
although they are required to primarily use New York State
agricultural products in their distillery, are strictly limited to
only being able to sample or sell their products at the distillery
itself. This legislation would allow farm distillers access to
agricultural based fairs and markets to sample and sell their products.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law, provided, however, that effective
immediately, the addition, amendment and/or repeal of any rule or
regulation necessary for the implementation of this act on its
effective date is authorized to be made and completed on or before
such date.

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

                                  6426

                            I N  S E N A T E

                            February 8, 2012
                               ___________

Introduced  by  Sen. BONACIC -- 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 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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14327-03-2

S. 6426                             2

  A licensed farm distillery may conduct upon the licensed premises,  OR
AT  APPROVED  LOCATIONS AS PERMITTED IN SUBDIVISION SIX OF THIS SECTION,
consumer tastings of liquor manufactured by the  licensee  and  from  no
more than three other class A, A-1, B, B-1, C or D distilleries, subject
to the following limitations:
  S  3.  Section  61 of the alcoholic beverage control law is amended by
adding a new subdivision 6 to read as follows:
  6. ANY PERSON HAVING APPLIED FOR AND RECEIVED  A  LICENSE  AS  A  FARM
DISTILLERY  UNDER  THIS  SECTION MAY CONDUCT CONSUMER TASTINGS OF LIQUOR
PURSUANT TO RULES OR REGULATIONS PROMULGATED BY  THE  LIQUOR  AUTHORITY,
AND  SUBJECT  TO THE LIMITATIONS SET FORTH IN PARAGRAPH C OF SUBDIVISION
TWO-C OF THIS SECTION AT THE STATE FAIR, AT RECOGNIZED COUNTY FAIRS  AND
AT FARMERS' MARKETS OPERATED ON A NOT-FOR-PROFIT BASIS.
  S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law, provided, however, that effective immediate-
ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
necessary for the implementation of this act on its  effective  date  is
authorized to be made and completed on or before such date.

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.