senate Bill S5248

Relates to the transport or delivery of wine pursuant to a farm winery license

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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

  • 15 / May / 2013
    • REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
  • 04 / Jun / 2013
    • 1ST REPORT CAL.982
  • 05 / Jun / 2013
    • 2ND REPORT CAL.
  • 10 / Jun / 2013
    • ADVANCED TO THIRD READING
  • 11 / Jun / 2013
    • PASSED SENATE
  • 11 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 11 / Jun / 2013
    • REFERRED TO ECONOMIC DEVELOPMENT
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
  • 28 / May / 2014
    • 1ST REPORT CAL.962
  • 29 / May / 2014
    • 2ND REPORT CAL.
  • 02 / Jun / 2014
    • ADVANCED TO THIRD READING
  • 18 / Jun / 2014
    • PASSED SENATE
  • 18 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 18 / Jun / 2014
    • REFERRED TO ECONOMIC DEVELOPMENT

Summary

Permits the transport or delivery of wine pursuant to a farm winery license in a vehicle owned by an employee of the licensee.

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Bill Details

See Assembly Version of this Bill:
A7517
Versions:
S5248
Legislative Cycle:
2013-2014
Current Committee:
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd ยง76-a, ABC L

Sponsor Memo

BILL NUMBER:S5248

TITLE OF BILL: An act to amend the alcoholic beverage control law, in
relation to delivery or transport of wine pursuant to a farm winery
license

PURPOSE:

To provide flexibility and efficiency to farm wineries by permitting
farm winery employees to deliver and transport wine in their own
vehicles.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends subdivision 6 of section 76-a of the
alcoholic beverage control law to permit farm winery employees to
deliver wine using their own vehicles.

Section 2 of the bill is the effective date.

JUSTIFICATION:

Farm wineries are becoming more prominent in New York State. These
popular operations are visited regularly by New Yorkers and tourists,
and are an emerging industry providing jobs and economic development
opportunities across the state.

Like other businesses, farm wineries can benefit from greater
flexibility in its operations. In this growing industry, circumstances
can arise in which operational efficiency and customer satisfaction
would be improved if farm winery employees were permitted to deliver
wine using his or her own vehicle. For example, in some circumstances,
a valued customer may reside in an area that is on-the-way home for a
farm winery employee. In these situations, allowing the employee to
deliver the wine to a customer in his or her own vehicle will provide
flexibility and improve efficiency at the farm winery.

This type of arrangement will also reduce costs for a farm winery -
which is always a concern for businesses that are trying to grow.
Without this legislation, these valued employees would be required to
obtain certain permits or licenses to deliver wine in their own
vehicles. The cost of these permits or licenses can quickly
accumulate.

By allowing farm winery employees to deliver wine in their own
vehicles, farm wineries will reduce costs, obtain operational
flexibility and improve efficiency. These elements are crucial for the
success of growing business and creating jobs - especially in upstate
New York.

BILL HISTORY:

New Bill

FISCAL IMPLICATIONS:

Minimal


EFFECTIVE DATE:

Immediately.

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

                                  5248

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 15, 2013
                               ___________

Introduced  by  Sen. MAZIARZ -- 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
  delivery or transport of wine pursuant to a farm winery license

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

  Section 1. Paragraph (d) of subdivision 6 of section 76-a of the alco-
holic  beverage  control  law,  as amended by chapter 571 of the laws of
2008, is amended to read as follows:
  (d) Deliver or transport any New York state labelled wine manufactured
or produced by the licensee or any other winery or farm winery  licensed
pursuant  to  this article in any vehicle THAT IS owned, leased or hired
by the licensee, AND/OR OWNED BY ANY EMPLOYEE OF THE  LICENSEE  PROVIDED
THAT  SUCH EMPLOYEE CONSENTS TO SUCH USE OF HIS OR HER VEHICLE.  The New
York state labelled wine can be delivered, transported or  sold  by  the
licensee  to  any holder of: (i) a winery or farm winery license, (ii) a
license to sell alcoholic beverages for  consumption  on  the  premises,
(iii)  a  license  to  sell  alcoholic beverages for consumption off the
premises, (iv) or any person that can receive or purchase  wine  from  a
farm  winery. [The] NEITHER THE licensee [is not] NOR ANY OF ITS EMPLOY-
EES SHALL BE required to obtain from the  liquor  authority  a  trucking
permit or pay any fees pursuant to section ninety-four of this chapter.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10962-01-3

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