senate Bill S7110

Relates to a license to manufacture and sell alcoholic beverages in a premises commonly known as a restaurant-brewer

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

  • 30 / Apr / 2012
    • REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
  • 15 / May / 2012
    • 1ST REPORT CAL.774
  • 16 / May / 2012
    • 2ND REPORT CAL.
  • 21 / May / 2012
    • ADVANCED TO THIRD READING
  • 12 / Jun / 2012
    • PASSED SENATE
  • 12 / Jun / 2012
    • DELIVERED TO ASSEMBLY
  • 12 / Jun / 2012
    • REFERRED TO ECONOMIC DEVELOPMENT

Summary

Relates to a license to manufacture and sell alcoholic beverages in a premises commonly known as a restaurant-brewer; deems such license be considered a retail license.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A10124
Versions:
S7110
Legislative Cycle:
2011-2012
Current Committee:
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd ยง64-c, ABC L

Sponsor Memo

BILL NUMBER:S7110

TITLE OF BILL:
An act to amend the alcoholic beverage control law, in relation to a
license to manufacture and sell alcoholic beverages in a premises
commonly known as a restaurant-brewer

PURPOSE:
To allow an individual to own both a brewpub and a restaurant.

SUMMARY OF PROVISIONS:
Section 1 states that a license issued under this section shall be
considered a retail license.

Section 2 is the effective date.

JUSTIFICATION:
Since the end of Prohibition, New York State law has generally
restricted owners of an alcohol manufacturer license and an alcohol
retail license from having an interest in each other (known as the "tied
house" restrictions).

These restrictions have carried over into the service business, with the
result that a person is not able to own both a brew-pub (a manufacturer)
and a licensed restaurant (a retail facility).

Given the many similarities in the operation of a restaurant facility
and a brew-pub facility, there should be some flexibility to allow a
successful owner of a restaurant to be able to acquire or establish a
brew-pub, and vice versa.

PRIOR LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This bill shall take effect immediately.

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

                                  7110

                            I N  S E N A T E

                             April 30, 2012
                               ___________

Introduced  by Sen. GRISANTI -- 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 a
  license to manufacture and sell  alcoholic  beverages  in  a  premises
  commonly known as a restaurant-brewer

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

  Section 1. Subdivision 10 of section 64-c of  the  alcoholic  beverage
control  law, as added by chapter 538 of the laws of 1997, is amended to
read as follows:
  10. A LICENSE ISSUED UNDER THIS SECTION SHALL, FOR  PURPOSES  OF  THIS
CHAPTER,  BE CONSIDERED A RETAIL LICENSE. Except as provided in subdivi-
sions seven, eight, nine, twelve, thirteen, fourteen and sixteen of this
section, no person licensed under this section may be interested direct-
ly or indirectly in any other premises in  this  state  where  alcoholic
beverages  are  manufactured  or  sold AT WHOLESALE, BY STOCK OWNERSHIP,
INTERLOCKING DIRECTORS, MORTGAGE OR LIEN ON ANY PERSONAL OR REAL PROPER-
TY OR BY ANY OTHER MEANS. Any person who has  an  interest  in  premises
eligible for conversion under subdivision nine of this section shall not
be  issued  any license under this section unless and until a conversion
application has been filed with and approved by the authority.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15558-01-2

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.