senate Bill S7216

Signed by Governor

Relates to where beer may be sold relating to brewpubs

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Bill Status


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

  • 02 / May / 2012
    • REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
  • 05 / Jun / 2012
    • REPORTED AND COMMITTED TO FINANCE
  • 13 / Jun / 2012
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 13 / Jun / 2012
    • ORDERED TO THIRD READING CAL.1247
  • 13 / Jun / 2012
    • PASSED SENATE
  • 13 / Jun / 2012
    • DELIVERED TO ASSEMBLY
  • 13 / Jun / 2012
    • REFERRED TO ECONOMIC DEVELOPMENT
  • 21 / Jun / 2012
    • SUBSTITUTED FOR A10667
  • 21 / Jun / 2012
    • ORDERED TO THIRD READING RULES CAL.555
  • 21 / Jun / 2012
    • PASSED ASSEMBLY
  • 21 / Jun / 2012
    • RETURNED TO SENATE
  • 20 / Jul / 2012
    • DELIVERED TO GOVERNOR
  • 01 / Aug / 2012
    • SIGNED CHAP.366

Summary

Relates to where beer may be sold relating to brewpubs.

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Bill Details

See Assembly Version of this Bill:
A10667
Versions:
S7216
Legislative Cycle:
2011-2012
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd ยง64-c, ABC L

Sponsor Memo

BILL NUMBER:S7216

TITLE OF BILL:
An act to amend the alcoholic beverage control law, in relation to beer
and brewpubs

PURPOSE:
To allow an individual who holds a license to sell beer brewed by their
brewery at retail establishments they own.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 allows an individual who holds a license to sell beer brewed
by their brewery at retail establishments they own. This section caps
the amount at 20,000 barrels of beer per year.

Section 2 is the effective date.

JUSTIFICATION:
There are breweries throughout the state that would like to brew their
own beer, and be able to sell their beer at other locations that they
own. Under current New York law they are not allowed to do so. This
legislation would clarify and correct this issue.

PRIOR LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
To be determined.

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
________________________________________________________________________

                                  7216

                            I N  S E N A T E

                               May 2, 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 beer
  and brewpubs

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

  Section  1.  Subdivisions 5, 8 and 10 of section 64-c of the alcoholic
beverage control law, as added by chapter 538 of the laws of  1997,  are
amended to read as follows:
  5.  Such restaurant-brewer license shall in form and in substance be a
license to the person specifically licensed to operate a restaurant  and
sell  liquor  at  retail  to  be  consumed  on the premises specifically
licensed. Such license shall also be deemed to include a license to:
  (A) sell wine and beer at retail to be consumed under the  same  terms
and conditions, without the payment of any additional fee; AND
  (B)  SELL BEER BREWED ON THE PREMISES TO OTHER RETAIL LICENSEES, WHERE
SUCH LICENSE IS HELD BY THE SAME PERSON  HOLDING  THE  RESTAURANT-BREWER
LICENSE,  OR  TO  COMMONLY  OWNED AFFILIATE LICENSES, PROVIDED THAT SUCH
BEER IS SOLD THROUGH A NEW YORK STATE LICENSED BEER WHOLESALER.
  8. [Not more than five thousand barrels of beer per year may be brewed
on any premises licensed under this section nor may any person who holds
multiple licenses] A PERSON HOLDING ONE  OR  MORE  LICENSES  under  this
section MAY brew, in the aggregate, NO more than twenty thousand barrels
of beer per year.
  10.  [Except  as  provided in subdivisions seven, eight, nine, twelve,
thirteen, fourteen and sixteen of this section, no person licensed under
this section may be interested directly or indirectly in any other prem-
ises in this state where alcoholic beverages are manufactured  or  sold.
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.] (A) FOR PURPOSES OF SECTIONS ONE
HUNDRED ONE AND ONE HUNDRED SIX OF THIS CHAPTER, A PERSON LICENSED UNDER

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15528-01-2

S. 7216                             2

THIS SECTION SHALL BE DEEMED A "RETAILER" AS THAT TERM IS DEFINED WITHIN
SECTION THREE OF THIS CHAPTER.   NOTWITHSTANDING ANY PROVISION  OF  THIS
CHAPTER  TO  THE CONTRARY, A PERSON LICENSED UNDER THIS SECTION MAY ALSO
BE  LICENSED (OR INTERESTED DIRECTLY OR INDIRECTLY IN A LICENSE) TO SELL
LIQUOR AT RETAIL TO BE CONSUMED ON OR OFF  THE  PREMISES  UNDER  SECTION
FIFTY-FOUR,  FIFTY-FOUR-A,  FIFTY-FIVE,  FIFTY-FIVE-A,  SEVENTY-NINE  OR
EIGHTY-ONE OF THIS CHAPTER OR SECTIONS SIXTY-FOUR, SIXTY-FOUR-A,  SIXTY-
FOUR-B AND SIXTY-FOUR-D OF THIS ARTICLE.
  (B) NO MANUFACTURER OR WHOLESALER OF ALCOHOLIC BEVERAGES MAY BE GRANT-
ED  A  LICENSE  TO OPERATE A RESTAURANT-BREWER PURSUANT TO THIS SECTION.
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.

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