senate Bill S267

Signed by Governor

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

download pdf

Sponsor

Co-Sponsors

view all co-sponsors

Bill Status


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

actions

  • 09 / Jan / 2013
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 05 / Mar / 2013
    • 1ST REPORT CAL.153
  • 06 / Mar / 2013
    • 2ND REPORT CAL.
  • 07 / Mar / 2013
    • ADVANCED TO THIRD READING
  • 07 / May / 2013
    • PASSED SENATE
  • 07 / May / 2013
    • DELIVERED TO ASSEMBLY
  • 07 / May / 2013
    • REFERRED TO CODES
  • 18 / Jun / 2013
    • SUBSTITUTED FOR A1512
  • 18 / Jun / 2013
    • ORDERED TO THIRD READING RULES CAL.297
  • 18 / Jun / 2013
    • PASSED ASSEMBLY
  • 18 / Jun / 2013
    • RETURNED TO SENATE
  • 17 / Sep / 2013
    • DELIVERED TO GOVERNOR
  • 27 / Sep / 2013
    • SIGNED CHAP.355

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.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A1512
Versions:
S267
Legislative Cycle:
2013-2014
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 Previous Legislative Cycles:
2011-2012: S4241A, A9387, S267
2009-2010: S704, S2174, S704

Sponsor Memo

BILL NUMBER:S267

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

Section 5: Amends Alcoholic Beverage Control Law section 76-a to
authorize farm wineries to sell wines to authorized roadside farm
markets.

Section 6: Amends Alcoholic Beverage Control Law section 76-c to
authorize special winery licensees to sell wine to authorized
roadside farm markets.

Section 7: 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 8: 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 9: 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 - Passed Senate
S343 of 2007/2008 - Passed Senate
S.704 of 2009/2010 - Reported to Finance
S.4241A of 2011/2012 - Passed Senate

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.

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
________________________________________________________________________

                                   267

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  LARKIN,  BONACIC,  CARLUCCI,  GALLIVAN, GRISANTI,
  MAZIARZ, O'MARA, RITCHIE, SEWARD -- read twice  and  ordered  printed,
  and  when  printed  to be committed to the Committee on Investigations
  and Government Operations

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  amended by chapter 118 of the laws of 2012, 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
of this chapter, and the sum of thirty thousand dollars as  against  the
holder  of  a  license issued pursuant to sections fifty-three, seventy-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01353-01-3

S. 267                              2

six, seventy-six-a, 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 consump-
tion 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 impending 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 judgment by default will be  entered
in  the  supreme  court of the county in which the licensed premises are
located, or other  court  of  civil  jurisdiction  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 judg-
ment. If full payment shall not have been received by the division with-
in 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  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
of  this  chapter, and the sum of thirty thousand dollars as against the

S. 267                              3

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  4.  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 5. 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 6. Section 76-c of the alcoholic beverage control law is amended  by
adding a new subdivision 3 to read as follows:

S. 267                              4

  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  7.  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 8. 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. 267                              5

  S 9. 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 10. This act shall take effect on  the  one  hundred  eightieth  day
after it shall have become a law; provided that the amendments to subdi-
vision  3  of  section 17 of the alcoholic beverage control law, made by
section two of this act, shall not affect the expiration  and  reversion
of  such  subdivision and shall expire and be deemed repealed therewith,
when upon such date section three of this act  shall  take  effect;  and
provided,  further, that any and all rules and regulations and any other
measures necessary to implement any provision of this act on its  effec-
tive  date  may be promulgated and taken, respectively, on or before the
effective date of such provision.

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.